Types of Personal Injury Cases

court of law

When someone intentionally or out of negligence injures another party, this constitutes a personal injury case or what is also referred to as the law of tort. If this happens, the party that was responsible is expected to compensate the plaintiff. However, not all cases result in compensation. That said, this article looks at some typical examples of personal injury cases.

Car Accident Cases

car accident

Car accidents fall under personal injury law. In most cases, accidents are due to reckless driving. If investigations ascertain that the crash could have been avoided if the driver was careful, then the driver at fault should be brought to book.

Medical Malpractice

Medical malpractices also fall under personal injury law. Ideally, any medical practitioner ought to exercise care and professionalism when handling patients. If he or she fails to adhere to this law and his or her clients, he or she is liable for a medical malpractice offense.

Slip and falls

Slips and falls also result in personal injury. In most cases, the property owners fall is expected to compensate the injured party. The law stipulates that a property owner or in some instances tenants are supposed to keep their premise safe. For example, there should be no standing waters, and there should be disclaimers in case of a slippery floor. If they fail to adhere to this, and as a result cause injury to someone using the property, then they are liable.

Defamation

Defamation can either be in the form of libel or slander. Under the law of tort, one has to prove that he or she suffered some damage because of false or baseless statements directed towards them. More to this, he or she must show that the claims were intentional and reckless in regards to what is considered valid. If the court determines that all the evidence presented to them is true, then the person responsible for defamation is expected to meet the damages.

Dog Bites

dogs dangerIdeally, dog owners should restrain their dogs from the public whether the dog is aggressive or not. If one fails secure their pet and the dog bites someones or causes any form of bodily injury, then he or she is liable for the damages caused.

These are good examples of instances that may result in personal injury cases. In case you fall victim of any of these among others do not hesitate to hire a professional personal injury attorney.…

Why Most People Prefer an Out-Of-Court settlements

legal books

The outcomes of any case are influenced by how you handle a case. You can have either an out-of-court settlement or a court settlement. A lawyer should guide you on the best settlement option. If your lawyer finds it fit to go for an out of court settlement, this write-up will highlight the benefits accrued to this type of arrangement. Read on for more information.

Minimal Stress

settlement meeting

Court proceedings are quite stressful. Try to imagine, appearing before strangers, and you will have to be present for several court sessions. Worst of it all, you may have to give informed responses when challenged. All these aspects make the process stressful. Opting for an out of court settlement will save you from unnecessary stresses. Thus, if you have an option of an out-of-court settlement, this should be the way to go.

Certainty of Compensation

Having an out-of-court case settlement guarantees the plaintiff of collecting what is rightfully theirs after an agreement is reached. This is unlike a court settlement where the defendant might intentionally delay payments or even come up with reasons to avoid them altogether.

Easy to Reach a Consensus

This reason should make you opt for an out of court settlement whenever you have this choice. Ideally, it takes a short time to agree and come up with a solution to the problem. This is contrary to what you expect in a court proceeding.

Cheap

This is another benefit of an out of court settlement. This type of arrangement has few associated costs contrary to court settlements. In a court settlement, you will be required to pay your attorney and cater for all the expenses he or she incurs in pursuit of your case. As much as you might also use an attorney in an out of court settlement, you will be required to pay them lesser amounts than those you would have paid for court settlements.

Finality

settlement proceedings

Once you settle on something, no party can change their mind or think about doing anything contrary to what has been agreed upon. Therefore, this makes it easy for the parties to get back to their lives swiftly after the settlement.

You will undoubtedly reap these benefits if you decide to settle your case out of a courtroom. However, before you go this route, you have to know that an out of courts settlements requires both the parties to compromise on some things.…