The Basics of Personal Injury Law

Understanding personal injury law basics is crucial for anyone who has recently been the victim of an accident. It's important to seek both medical care and legal representation as soon as possible to have the best results in your case and to receive the compensation you deserve.

Many factors affect personal injury law, and it may seem overwhelming, so let's break them down.

Situations in Which Personal Injury Rules Apply

Personal injury laws may apply in a wide variety of cases. If you or a loved one has suffered an injury or been involved in an accident, you may have grounds for a legal claim and monetary compensation.
Situations where personal injury law may be applicable include:

• Car, motorcycle, and boating accidents
• Slips and falls
• An injury that occurs on state, county, or municipal property
• Injuries that result from defective consumer products
• Animal bites and animal attacks
• Intentional acts of violence against you
• Medical malpractice
• Personal injury law can, in some instances, cover emotional and psychological damage

Many people don't realize the scope of personal injury law. If you have been injured through no fault of your own, seek legal advice right away.

Who Determines Personal Injury Laws?

Personal injury laws vary by state. However, the general rule of thumb is that the injury must have occurred as the result of someone else's negligence.
Examples include being injured in a car accident as a result of another person's reckless driving and injuries incurred from dangerous property that an owner failed to maintain. A bite from an animal owned by another person is also considered to be personal injury, as the owner assumes responsibility for that animal.
Examples of injuries that are generally not covered under the law include bites from wild animals that are not owned by an individual, or injuries that result from your negligence.
Negligence laws in the state of Florida are covered under statute Title XLV Chapter 768.

The Role of Judges, Juries, and Lawyers

Regarding personal injury law, there are several parties involved in each case. If you are filing a claim, you are considered the plaintiff, while the person or entity you are filing against is the defendant.
In personal injury law cases, the burden of proving negligence falls on you, the plaintiff, which is why it's crucial to hire the best legal team.
Personal injury cases may go before a judge or jury, though most are settled outside of a courtroom. They are typically resolved through negotiation, where your legal team and the defendant's legal team agree on payment amount and a payment plan.

Personal Injury Law Basics: How Cases Work

When filing a personal injury claim, the single most important fact of your entire case is documentation and medical care.

The First Steps in a Personal Injury Case

If you are injured as a result of negligence, seek medical care as soon as possible. Then file a report with the authorities. Without medical documentation, it is highly unlikely that you will have grounds for a case.
After you have sought medical care and are out of harm's way, speak with a personal injury attorney as soon as possible. The faster you have a legal team working on your case, the more likely it is that you will see positive results.

Stages of a Personal Injury Case

Once you have a legal team representing you, they will guide you in terms of the paperwork that needs to be submitted and the next steps to take. Continue to keep all medical documentation, including receipts and paperwork regarding diagnosis and future treatment.
Investigation

Your attorney will begin investigating your case, and based on the evidence, provide you with a quote of what your compensation could potentially include. Evidence may consist of police reports, witness accounts, and more.
Settlement Proposal

Next, your legal team will put together a settlement proposal to present to the defendant. This will outline your demand for compensation and the evidence you have against the person or entity regarding their negligence. This is the beginning of the negotiation process.
What Happens If the Defendant Rejects the Proposal

The defendant in your case has the right to refuse your settlement proposal. Their legal team may make a counter-proposal, or you may have to file a lawsuit against them and appear in court. From there, the case will progress, either through further negotiation and mediation, or a trial.
If a judge denies your personal injury case in court, you do have the right to appeal.
Receiving a Settlement

If you are awarded a settlement in a personal injury case, be aware that payment may not come as quickly as you expect. Sometimes it can take months or even years before you receive compensation.
You may be paid in either a lump sum (one single payment for the full amount) or annuity payments (smaller payments that are scheduled over an extended period).

The Importance of Seeking an Experienced Personal Injury Lawyer

Personal injury cases are complex, with many nuances and variables for each case. There is quite a bit of paperwork involved, documentation that is required, and information that needs to be obtained.
It's crucial that you hire an experienced personal injury lawyer with a track record of success and case studies available to fight on your behalf. An experienced attorney will know how to best win the compensation you deserve.
Remember, don't wait to contact an attorney after you have been injured. Quicker action often equates to better results.

Bio: Pompano Injury Attorney, Lyle R. Long, Esq. is one of the founding partners of LJ Law Group.