Personal injury law, commonly referred to as tort law, provides legal rights to victims who have been physically or psychologically injured as a result of the carelessness or wrongdoing of another person, company, government, or other entity. Personal injury laws apply to a variety of cases, including:* Cases where a person acts out of negligence and therefore causes harm to another person. Examples of these types of cases include medical malpractice, slip and fall accidents, automobile accidents, and some toxic tort cases, among many others;* Cases where a person knowingly and intentionally causes harm onto another person. These types of cases include murder, assault and battery;* Cases where a person may have not intentionally performed a wrongdoing through negligence on his part can still be found liable for a personal injury claim. Dog bite cases (under some state laws) and certain types of product liability claims are examples of this type of personal injury law; and,* Cases that involve insult of character, such as libel or slander.WHAT IS THE PURPOSE OF PERSONAL INJURY LAW?The primary goal of personal injury law is to provide legal rights for injured victims to be compensated financially after suffering from a loss or injury that they would otherwise not have endured if it was not for the negligence or omissions of the defendant. Personal injury laws impose a legal duty on people and companies to perform and interact with one another on a minimum level of care and attention. These laws are expected to encourage and promote good behavior and reduce bad behavior; therefore, personal injury laws serve a significant purpose for the general public. HOW DO PERSONAL INJURY CASES TYPICALLY WORK?Although no personal injury case is exactly the same as another because no accidents are exactly the same, these types of cases generally tend to follow these steps:Plaintiff is Injured by a Defendant With the exception of contractual breaches, this can be almost any unscrupulous act on the defendant’s part.Defendant is Determined to have Breached a Legal Duty to Plaintiff The breached duty is depends on the specifics of the particular case. For example, manufacturers and/or distributors have a legal duty to not allow dangerous or harmful drugs to enter the market.Settlement Negotiations If there is obvious evidence to all parties involved that the Defendant breached his contractual duty, then the defendant may opt to settle the matter outside of court by offering monetary compensation to the plaintiff in order to prevent the plaintiff from filing a lawsuit against the defendant.If the plaintiff does not agree to the defendant’s offer, he may pursue in litigation. A settlement can be offered and negotiated after suit is filed at any time until a verdict is announced by a jury or court.Plaintiff Files a Lawsuit Against the Defendant When the plaintiff initially files a case, he must be prepared to state what the legal basis of the claim is and what type of remedy he wishes to seek in compensation for his injuries.The Defendant Files an Answer to the Plaintiff’s Claim The defendant must answer after being served by some type of official (usually a sheriff or a process server) within a certain period time.
The Ins-And-Out of a Personal Injury Case
Defense Lawyers of MN can help you In protecting your rights – Expert Injury Lawyers ready to assist you
When an individual is harmed through negligence or deliberate action, whether by another individual or by a giant corporation, the law provides channels for that individual to receive appropriate compensation from the offending party.
If you’ve got the basis for a legal case, protect your rights: don’t sign anything, don’t walk into the courtroom by yourself, and don’t take legal advice from anyone except your lawyer. Contact Krueger Law Firm for your initial consultation with an accident and injury lawyer. Our office has specialized and focused 100 percent on personal injury lawsuits since 1990. We only represent the injured victims. There are no fees or costs if you don’t receive a recovery. We never represent insurance companies, so the injured person does not have to wonder whose interests the attorney really has in mind.
We are recognized as one of Minnesota’s top accident and injury law firms. Besides attorneys, we also have paralegals, legal secretaries, investigators, interpreters, and case managers that work on your injury claims. If the attorney is in court, there are others that would be knowledgeable about your case. Protect your rights. Call us today for a free consultation. We offer same day appointments, and we will come to your home or hospital for visits.
- Airplane Accidents
- Bike Claims
- Birth Injuries
- Car, Motorcycle & Auto Accident
- Dog Bites
- Electrocution Accidents
- How Much Is My Case Worth?
- Medical Malpractice
- Non Insurance Claims
- Nursing Home Neglect
- Premises Liability and Falls
- Vehicle Rollovers & Tire Defects
- Worker’s Compensation
- Wrongful Death
Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to retaining a personal injury lawyer, you should seek professional assistance.Personal Injury Lawyers: who are they? A personal injury lawyer in Toronto is trained to represent (e.g. individuals, corporations, partnerships, etc.) involved in a civil dispute. Toronto lawyers are called to the bar in Ontario, which means they are learned in and can practice virtually any type of law anywhere in Ontario. In civil cases, unlike criminal cases (where the state or government is the party that is prosecuting an accused person), one or more parties sue each other and the state is typically not a party to the proceedings. What Personal Injury Lawyers can do for you. Some of the things which personal injury lawyers can assist you in include (but are not limited to) the following:1. Determining and advising you on your rights and whether you have a claim (e.g. for damages, for declaratory relief, for an injunction, for equitable remedies, etc.).2. Explain the civil law process from the time you believe a claim arises through to trial, and finally to a court order and (perhaps) appealing a court order (if it gets there).3. Negotiating with the opposing counsel to reach a settlement.4. At trial, challenge witness' credibility and testimony.5. At trial, present expert evidence in the form of expert testimony and reports that are favourable to their client.6. At trial, point out past cases (called precedents) that are in their client's favour and draw analogies and parallels, while trying to distinguish unfavourable precedents.7. At trial, protect their clients from answering inappropriate or irrelevant questions (e.g. questions that would tend to self-incriminate a party, questions which have nothing to do with the trial, or questions which makes the party give testimony which they are not competent or otherwise qualified to give, etc.).The onus of proof In Ontario civil trials, parties must generally establish the elements of their case on a balance of probabilities. This means 50% + 1 %. Hence, to establish that a party was negligence or breached a contract, it must establish that that party was more likely than not to have done so. If, however, the elements of the offence are established, then a judge or jury may still find no liability or reduce damages accordingly if the other party had some type of justification or excuse (e.g. undue influence, duress, etc.). When to consult with or hire a Personal Injury Lawyer? Immediately on becoming aware of the fact that you have been injured or suffered damages, you should consult with a personal injury lawyer. They can help take away your stress by explaining the law (e.g. your rights, your obligations, your entitlements, etc.), helping to formulate a proper strategy, and telling you about how the civil law process works from start to finish. Again, if you need legal advice with respect to retaining a personal injury lawyer, you should seek professional assistance.
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