Is Filing a Personal Injury Claim Possible?
Whether a tort claim involves negligence, strict liability, or intentional torts, the two issues are liability and damages.
The plaintiff needs to prove that the defendant was liable for the injuries sustained and then show the nature and extent of damages for those injuries.
If the plaintiff can prove liability and damages, then he or she will receive compensation for the loss.
Do I Have Basis for Filing a Personal Injury Claim?
Aside from negligence, there are two other bases for personal injury claims—strict liability and intentional wrongs.
Strict liability holds product designers and manufacturers strictly liable for injuries when the products are defective.
In this type of claim, the injured party only needs to show the product was designed in a way that made it unreasonably dangerous when used as intended.
Intentional wrongs are rare, as they involve proof of intentional contact. For the intentional torts of assault and battery, the actor may also be held criminally liable for his or her actions.
Procedure of Filing Lawsuit
Once someone files a personal injury claim, he or she becomes the plaintiff and the accused party becomes the defendant.
At this point, the personal injury attorneys on each side begin exchanging documents, interrogatories, and depositions.
Following this discovery process, the parties may agree to a settlement to avoid a trial. In fact, only a handful of personal injury claims actually go to trial.
Settlement of a Case
When a plaintiff agrees to a settlement, he or she agrees to accept a certain sum of money in exchange for dropping the legal action against the defendant.
As a result, the plaintiff will need to sign a release form absolving the defendant from any further liability.
A personal injury attorney can help the plaintiff decide whether or not to settle by providing a realistic assessment of the value of the case.
For more information about filing a personal injury claim, contact Thrush Law Group. Our team of skilled personal injury attorneys advocate for those injured due to another’s negligence.