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Personal Injury Law: The Basics When a person suffers an injury from another person, the person who inflicts the injury may be legally liable to the injured person. If it happens that the injured person seeks a legal remedy against the person who caused the injury then he will have to file a case against that person. This type of case is a civil lawsuit, which is not the same as a criminal case, where it is the government who prosecutes the person who has violated the law. Personal injury law governs these types of cases and complaints. This is what you need to know if you are planning to file a case against someone who has done you harm. What do you need to know about personal injury law? You need to understand the two basic concepts behind personal injury that the law appreciates.
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The first is an injury. But for an injury to be valid, it has to be done to your person, not to property or any other possession. For property, any type of damage that it suffers, there is a different law. So it is not understood as personal injury, for you to suffer as a result of damage to your property.
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Car accidents, slip and falls accidents are covered by personal injury law that if you suffer from these things, you might have a good case of personal injury. But always remember, there is no case if there is no personal injury. But this can only be a civil case, not a criminal case. This means that if you win, you will get paid for the damages, but the other person will not go to jail. There must be negligence on the part of the person that caused the injury, that is the second basic concept. Negligence is manifested in cases where it was within the other person’s power to prevent the injury from happening to you, but he did not act upon it. But it has to be proven that your injury was a direct result of the other person’s negligence. But it is crucial to file your case within the period prescribed by the statute of limitations for injuries of the type you suffered. You need to be aware that personal injury cases often end up in the settlement. The lawyer of the other party may offer a cash settlement with a condition that you no longer file the case in court, and this idea should be agreeable to your lawyer. This is a good way to solve personal injury cases, out of court and without the hassles of a trial. But on any given day, if your lawyers cannot agree on a settlement because a lot is at stake for either party, then the court will decide your case.