Personal injury law is a subfield of law practiced by personal injury lawyers that deals with the rights and responsibilities of a person who has harmed another through accident or injury. A personal injury case can either go through the civil court process or, more commonly, disputes are resolved through a settlement process even before a lawsuit is filed.
A lawsuit in a personal injury case begins when an injured person files a civil complaint against either a person, business, corporation or government agency. The complaint alleges that the other party, the defendant, acted carelessly or irresponsibly and caused injury or harm.
There is a statute of limitations, a limited period of time where the injured party can file a lawsuit. Statutes of limitations are set by state law and vary with the type of injury.
Usually, however, an informal early settlement among the involved parties, their insurance companies, and a Kansas City personal injury attorney is arranged. This settlement is negotiated and in a written agreement both sides agree to a payment and to forgo any further legal action.
Personal injury law deals with the defenses and legal restitution involved in civil lawsuits that are brought as a result of wrongful conduct. The plaintiff seeks compensation, usually in the form of money, for the harm caused by the defendant. To establish that the defendant is liable for his or her actions, the plaintiff must show that a reasonably careful person would have acted differently in the same conditions that led to the injury.
Examples of negligence include and dog bites from unleashed animals, medical complications due to physician carelessness and car accidents caused by drunk drivers.
Once negligence has been established, the defendant will need to pay the plaintiff for injuries caused by his or her actions. Some damages, like property damage and medical bills, are easy to calculate. Other damages, like emotional distress or loss of earning capacity may require expert testimony. Damages can be used to punish or deter very bad conduct can also be available to the plaintiff.
For help with a personal injury claim, contact the personal injury attorneys at Dempsey & Kingsland.