Personal Injury Case – How Do They Work?Jeff
How Does a Personal Injury Case Work?
Every single personal injury case will be different, because no two accident are exactly the same. However, personal injury cases have standard steps that they share.
Defendant Does Something to Injure Plaintiff
Any action by the defendant which can be considered a bad act would be under a personal injury case with some exceptions. Exceptions would be a result of contractual breaches. Breaches of contract are handled under a separate body of law known as “contract law.”
Plaintiff Determines that Defendant Breached a Legal Duty
The specific legal duty is going to depend on the situation in which the injury occurred. For example, drivers have a duty to operate their vehicles with the level of care that any reasonable person would exhibit while on the road.
Settlement Talks Occur
If it’s clear to everyone involved that the defendant breached a legal duty, then the defendant/insurance company may wish to settle outside of court. This process involves making an offer of monetary compensation to the injured person, in exchange for the injured person’s promise not to file a case over their injury. If the plaintiff agrees to this, the case will end. If they do not they’ll go to court and file a lawsuit over the situation. Negotiations can continue once the lawsuit is filed and a settlement can be reached at any time prior to the civil case being given over to the jury for a finding as to the defendant’s liability.