Frequently Asked Questions On Personal Injury
There are a surprisingly large number of citizens who arent entirely aware of the
existence of laws which allow them to claim compensation from responsible parties in case of personal injury. These cases typically involve work place injuries, motor vehicle accidents, and injury due to negligence.Here is a list of frequently asked questions pertaining to personal injury law for the benefit of your understanding.
1. What is a Personal Injury Case?
For form of injury on oneself or damage of personal property; that is caused due to someone elses fault falls under the umbrella of personal injury. At the same time, a case does not necessarily have to be built on the basis of any physical injury as a number of injuries can result in a number of non-physical loss or harm. For example, an individuals reputation; or an attempt of assault which may not have actually caused any physical harm; but simply that you expected that harm will come your way.
2. When Can I File a Lawsuit?
Every country and jurisdiction has its own specific time limits, which are commonly known as the statutes of limitations. These statutes govern the time frame you have at hand within with you can file the lawsuit. Crossing this deadline means the loss of your right to file for damages. It is hence recommended that you get in touch with your ICBC lawyer as soon as possible on incurring, discovering or suffering from an injury.
3. What Happens in Case of Death of Plaintiff before the Lawsuit or Settlement?
If the injured person unfortunately dies because of the injuries caused; the heirs or the dependants of the plaintiff are in the position to recover the settlement amount through a separate law known as a wrongful death action. If the plaintiff loses his life due to an unrelated factor, the claim still stands and may be received or managed by the representative of the deceased persons estate.
4. Does Negligence fall under the Gamut of Personal Injury Law?
Yes, in fact most personal injury cases end up falling directly or indirectly under this category. Since more of these cases revolve around how a sound person was expected to act in a particular manner to avoid the injury; a person in legal terms is defined as negligent where he or she fails to act like an ordinary and reasonable person.
5. What kind of legal action is taken against the Person who causes the Injury?
Quintessentially, most civil actions pertaining to such cases do not end up in a jail term or criminal fines. There is a vast difference between a criminal sentence and civil action cases. Most of the time the jury or the judge can award what is legally known as punitive damages for the purpose of punishing the defendant who is proven to have behaved irresponsibly or intentionally against general public interest.
If you feel that you have been a victim of any form of personal injury make sure you get medical and legal attention on an immediate basis.
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