The Basics Of Personal Injury Law: An Overview
If you’ve ever been in a car accident, or hurt yourself slipping in an uncleared parking lot, you may have heard someone mention personal injury claims. This is a law we should all know about, in case we ever find ourselves in a tough situation. Let’s take a look at Personal Injury Law.
What is Personal Injury Law?
Personal injury law is a type of civil law, dealing with a person who has been injured or harmed physically, mentally, or emotionally by another person. A Personal Injury Case is a legal dispute where one person is injured and someone else is legally responsible for that injury or harm. Sometimes your attorney will have to work with a hospital attorneys or insurance companies if the case deals with malpractice.
Personal Injury Law Situations
- Acts of Defamation: This is when one person has defamatory statements said about him or her, causing harm.
- Intentional Acts: Examples are assault, battery and other intentional harm. When a person intentionally causes harm to another person.
- Accidents: When a person’s carelessness or negligent actions cause damage or harm to another person. Situations including malpractice, car accidents and “slip-and-fall” accidents, can be found under this section.
- Defective Products: Can be a vehicle component, toy, medical device, or consumer product that is defective or dangerous, harming an individual or group.
How The Process Works
- Medical Treatment: Get medical treatment after getting injured. Do it right away, as the longer, you wait the less serious injury will seem.
- Find a Personal Injury Lawyer: The lawyer has the experience and confidence to get you a fair result. He or she knows the process and will be able to get the best result.
- Lawyer Reviews Claim and Medical Records: You will have an interview with your lawyer to explain the incident, injuries and medical treatments. Show the lawyer your medical bills and records relating to the accident.
- Negotiate: If the claim is small, there is usually no lawsuit. Your lawyer will negotiate with the other lawyer or insurance company to get a settlement. If your lawyer can’t get a settlement or if things slow down, the litigation phase starts.
- Lawsuit is Filed: Your lawyer files a lawsuit in court within certain time limits. It can take up to two years to get a trial.
- The Discovery Phase: Document requests and questions are sent to each other. The discovery phase can last from six months up to a year, depending on how complex the case is, and court deadlines.
- Mediation: Mediation is a process where both clients and lawyers have assistance from a neutral third party to bring resolution to the case. This happens when the lawyers can’t settle the case by themselves.
- Trial: When mediation doesn’t work, it’s time for a trial. These trials can last anywhere from a week to several months.
If you have any further questions or concerns, feel free to contact Minhas Lawyer today. We will be happy to discuss your situation and guide you during this time.
Minhas Lawyers LLP is a multi-practice law firm based in Mississauga. We advise and represent clients across various segments and practice areas.
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