General Types of Incidents and Legal Claims
Personal injury cases are incredibly common legal claims, especially in America. Luckily, personal injury is our bread and butter, here at The King Firm. But what is a personal injury claim?, you ask. Well, when someone is injured due to the mistake of another person or business perhaps, the victim who was injured can file a personal injury claim. If you are the victim of one of these horrible situations, then you understand the definition all too well. You may just be looking to see what happens next. Most claims are resolved outside of court. The documents in these outside-of-court procedures sometimes suggest that the plaintiff forgoes future legal actions related to the injury or incident in question.
If a settlement can’t be reached, a personal injury lawsuit is filed in the state or parish courts where the injury occurred. Injury cases with small damage amounts, from about $2,000 to $15,000, take place in a type of courts set up for these situations, places The King Firm knows well, small claims court. A personal injury claim is normally resolved through negotiations between counsel for the injured party, counsel for the defendant, and/or agents of the relevant insurance carrier (claims adjusters). This will often look like the parties arguing over the settlement. Be cautious- the defendant will often try to reduce the payout, and so will the insurance companies. Read through some case types to get a handle on the specifics of injury claims.
Car accidents are often the subject of personal injury lawsuits. They care caused by another driver’s negligence and the liable party is the at-fault driver, except in the case of “no-fault states,” in which a policyholder (and his/her passengers) are not only reimbursed by the policyholder’s own insurance company without proof of fault, but also restricted in the right to seek recovery through the civil-justice system for losses caused by other parties. Most states are fault states. When a state is at-fault, they are considered to have a tort liability system. This means that the driver who caused the accident, or his insurance company, is responsible for all damages to other parties involved in the accident. The source of compensation for car accident lawsuits are usually insurance claims or civil lawsuits.
Slip and Fall
Slip and fall lawsuits also comprise a large portion of personal injury claims. The cause of action behind them is a property owner’s negligence and subsequently, the liable part is the property owner. The source of compensation behind these lawsuits is usually insurance claims or civil lawsuits. The claims entail Premises Liability. Premises liability refers to the body of law that covers liability of a property owner for injuries that occur to people on their premises. These can be a whole bunch of different injuries, as long as there is an assumed guilty party and probable victim.
Workplace accidents are also often the reason behind personal injury claims. They are a little different, because there isn’t a cause of action or liable party, because it’s an accident and subsequently, fault isn’t necessary. The source of compensation that results from these claims is a workers compensation claim, in which no lawsuit is possible.
Defective products are also often behind personal injury lawsuits. The cause of action is usually strict liability and the liable party is the product manufacturer. The claims usually result in a Civil Lawsuit or Class Action Lawsuit, if there are a group of people affected.