Personal Injury Law
Please note: This blog post does not constitute legal advice. For legal advice, please do contact a licensed attorney. I can be reached for a free consultation at 214-702-CARL(2275) or 469.2000(DWI). Thanks, Carl Ceder.
What is a “Personal Injury” Case?
“Personal injury” cases are defined as legal disputes that may arise when one person suffers from harm from an injury or accident, and someone else may be legally responsible for that harm.
A personal injury case is formalized through action during civil court proceedings that look to find others legally at fault or such disputes may be resolved through informal settlement before any lawsuit is filed:
- Formal “Lawsuit” Dissimilar from criminal cases, which are usually initiated by the government, a formal personal injury suit typically starts when an individual (aka the “plaintiff”) files a civil “complaint” against another business, person, corporation, or government agency (aka “defendant”), purporting that they acted irresponsibly or carelessly in connection with an injury or accident that causes harm. This is known as “filing a lawsuit”.
- Informal Settlement In reality, most disputes for an injury or accident are resolved through informal settlement, usually those involved in this situations, their attorneys and insurers representing both sides. A settlement takes the form of negotiation, which is followed by a written agreement where both sides stop any further action, and they choose to instead to resolve the matter through payment of an agreeable amount of money.
What is a Statute of Limitations?
Plaintiffs have a very limited time to file a lawsuit, which is called a “statute of limitations.” The period of time for the statute of limitations begins when the plaintiff becomes injured or discovers the injury.
Statutes of limitations are determined by state law and vary by type of injury. The statute of limitations for an injury to an individual in Texas is 2 years, but 5 years for sex crimes and one year for libel or slander.
Do I Have a Viable Personal Injury Case?
A potential personal injury case needs detailed understanding of the law facts, the processes, and the facts.
If an accident impacted your life, you would want to consult an experienced attorney to see if you should pursue a lawsuit.
