Personal Injury Law: An Introduction

Man consulting a personal injury lawyerAccidents can happen anytime, even in the most unexpected situations. The law protects those who have incurred injuries due to these accidents. To be specific, personal injury law covers cases where the negligence of another party causes the injury.

People seeking legal actions can consult a reputable personal injury lawyer in Provo.

What is personal injury law?

Personal injury law focuses on the legal remedies for unforeseen events wherein someone got hurt because of the negligence of another person or party. It’s also known as tort law.

Tort comes from the Latin word that means wrong, harm, or twist. Personal injury law covers situations regarding fatal injuries and even wrongful death.

Is it the same as criminal law?

Do not confuse personal injury law and criminal law. The government does not need to go after the one who caused the injury. Under criminal law, however, authorities prosecute and convict the offenders. In short, personal injury law covers negligent actions while criminal law deals with intentional offenses.

How is negligence seen in personal injury law?

A negligent act precedes personal injury cases. They file a case against the defendant, which can either be a person or a company. Failure to take proper care results in negligence. However, not all accidents translate to a personal injury case.

Under the doctrine of negligence, it states some inevitable accidents or accidents are just waiting to happen. In this case, the injured person can file a personal injury case against the construction company that failed to provide the appropriate safety measures as required by law.

How do the parties resolve the dispute?

The plaintiff can choose either to file a lawsuit or to accept an informal settlement. In a lawsuit, the plaintiff needs to undergo proper court processes. They must prove the negligence of the defendant. For some people, this is not a practical way, so they decide to have an informal settlement instead.

In this option, a negotiation happens in written form, and both sides must agree to it. Both their respective lawyers and insurers communicate for the settlement.

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