Let’s face it, the mere fact that accidents are fairly common does not detract from the pain, as well as, the confusion that can be a direct result from an accident or when you or one of your loved one are injured. As you are deciding whether you want to protect your legal rights after being in an accident or becoming injured, you may have several questions about these types of cases, a North Chicago personal injury lawyer can help.
What exactly is a Personal Injury Case?
In reality, a personal injury case is a legal dispute that comes about when one or more people suffers harm or injury from an accident, and another party may be legally responsible for causing that harm. A personal injury case can become formalized through either a court system, or which is more commonly done, resolved through an informal settlement.
- A formal lawsuit is very much unlike criminal cases. Criminal cases are initiated by the government, a formal personal injury lawsuit generally starts with a private individual files what is known as a civil complaint against another person, Corporation, Business, or even a Government Agency, claiming that they acted irresponsibly or even carelessly in the connection of an injury or accident that caused harm to them. This particular action is known as “Filing a Lawsuit.”
- An informal settlement, as stated above, is more commonly the outcome of a personal injury lawsuit. Early settlement that is between the two parties that are personally involved, their insurers, as well as, attorneys present for both parties. This form of settlement usually takes the form of a negotiation, which is followed by a written agreement after both parties have come to an agreement on a settlement amount.
- A middle ground is between a lawsuit and an informal settlement. It is known as an alternative dispute resolution such as arbitration and/or mediation.
Where Can the Laws That Govern a Personal Injury Case Be Found?
Unlike in other areas of the law where you are able to find their rules in what is known as statutes. The development of the laws, which rule over personal injury cases, has taken place mostly through court discussions, as well as in treaties, which have been written by legal scholars. Many states over the years have taken steps in order to summarize the progressing development of personal injury laws in written statues, but for realistic purposes court dialogue still stay the main foundation of the law in any legal case arising from an injury or accident.
