The personal injury law is a law made to provide justice to people met with accident and to compensate him from all the losses stemming from an incident which was not due to his fault. It is all legal damage where a person might have to go to the court of law. The personal injury lawyer San Antonio will represent you in the court of law. The personal injury lawyer will gather all the evidences required to prove the truth in the court of law and do everything possible so that the case is won.
The personal injury rules applies differently in different situations
Accidents– In case of accidents, these are caused to negligence and carelessness of another person. Even after not being the fault the victim, he or she is required to pay for the hospital bills, surgeries and rehabilitation expenses. Also, this rule applies in case of medical malpractices due to the negligence of the unprofessional and incompetent doctors.
Intentional acts- Where a person is attacked by another person causing harm and other types of intentional torts, this rule applies.
Defective products causing harm to the person in which cases he faces various health issues. However, in this case there is no negligence on the part of the defendant who has been a victim to the bad product or the prescription drug
Defamation- Where the reputation of a person is attacked or harmed by another person this rule applies.
The personal injuries laws are common laws
These are made by judges and are not passed in the legislature in bills or statutes. The personal injury case decisions made in the court becomes binding on the courts lower in category than the decision making court. Thus this binding decision of the court becomes a common law for all other courts lower in stature. There are rules which differ from state to state and hence sometimes there are courts which use a guiding book of rules called restatement of torts to guide them in decision making for personal injury cases. There are also workplace related injuries which come in the realm of personal injury cases. If in some states it falls outside the realm of personal injury cases, workers compensation act can be used to solve the cases in the lawsuits against the employers. There is also a time limit within which a person can file a suit against personal injury.
The personal injury case details
The defendant and plaintiff are the two parties in the court of law. The defendant causes damage to the plaintiff. And this can be any of the above damages like medical malpractice, accident, the defendant can also be an n insurance company denying the payment of claim, or delaying the proceedings or underpaying the claims. It can also be a company responsible for giving defective products and even medical drugs, etc. However, it is not a contractual breach of any sort which requires one to go to a separate law known as contract law.
The defendant will try to pacify the plaintiff to do an out of court settlement. The defendant will pay a certain amount as compensation and ask the plaintiff not to file a case in the court of law.
In case the plaintiff is satisfied with the settlement money given by the defendant the case ends there, otherwise the plaintiff will file a personal injury lawsuit against the defendant in the court of law. He will appoint personal injury lawyer San Antonio for fighting the case. The lawyer will gather evidence, and try to prove the defendant liable for the claim and try to defend the plaintiff in all possible ways.