What is Personal Injury Law?
Personal injury is the title of a specific branch of tort law that encompasses any wrong act, not including a breach of contract or trust, resulting in injury, damage, or harm done to another person, their property, their rights, or their reputation. Tort is a word that comes from the Latin meaning for “twist, wrong or harm.” There are many sources of personal injury, ranging from work related accidents to traffic accidents. This form of harm can be either physical or psychological. However, in order for it to be actionable, it must be at the wrongdoing, negligence, or unsafe conditions of an employer, manufacturer, doctor, or other person or organization that promises and owes safe conditions.
A personal injury law case begins when an individual is harmed and engages in legal action against another person or organization that is responsible for the damage. San Diego personal injury lawyers and attorneys are capable of helping individuals with their personal injury law disputes. Contacting a San Diego personal injury attorney should be the first step an individual takes, even if he or she isn’t completely certain about the current legal situation. Getting professional advice will help you get going in the right direction and will help you with your case if you do need to take legal action.
Common Types of Personal Injury Sources
There are many types of personal injury law cases. These include, but are not limited to, automobile accidents, workers’ compensation, trip-and-fall accidents, motorcycle accidents, wrongful death cases, bicycle injuries, construction site injuries, injuries to the elderly, neglect at a nursing home, product defect claims, medical malpractices, dog bites, and more. If you’re not sure if your situation is included in personal injury law, contact a San Diego personal injury attorney to have your situation assessed.
Personal Injury Law Resolutions
With a personal injury case, there are typically two forms of resolutions that come as a result of seeking legal action for personal injury. Informal settlement and formal lawsuits are the most traditional paths a personal injury case will follow.
- Informal Settlement
- In many situations, a dispute over an injury, accident, or other damage is resolved before formal legal action is pursued. Through an informal out of court settlement, an agreement can be made between the parties involved in the personal injury case. Commonly, the settlement will take the form of a negotiation where a written agreement is made to forgo any further action (like a lawsuit). In most situations, this agreement involves a payment from one party to the other in an agreeable amount of money or number of payments.
- Formal Lawsuit
- Should an informal settlement not be enough to satisfy both parties in order to prevent further action, a formal lawsuit is pursued. Unlike a criminal case, which is government initiated, an individual (the plaintiff) can start a personal injury law case and file a complaint against another individual, business, or government agency (the defendant). These complaints or claims allege that the defendant acted irresponsibly in conjunction with an accident that caused harm to the plaintiff.
Determine If Your Situation is Viable for a Personal Injury Law Case
If you’re ever uncertain about the validity of your situation being a personal injury law case, contact a San Diego personal injury lawyer or attorney for a free consultation to access your legal rights and remedies to have your situation assessed.