An Overview of a Personal Injury Case- Reducing Your Financial Crisis

A person, who has been injured due to the negligence of someone else, can file a personal injury claim in court. It is important to understand what these cases are all about so that necessary steps can be taken without any delay. The party, called plaintiff sues another party, called defendant.  Both parties can get in touch with abogados de lesiones personales to fight their case. You should set your expectations right if you are filing a case against the party at fault.

These cases are based on the theory that the defendant acted negligently that caused injuries to a person. If a person needs to file a personal injury case, he has to prove the following the court:

  • The defendant owner a duty
  • The defendant failed to uphold his duty
  • The negligence cause the accident 
  • The plaintiff received the injuries

At the trial and court hearings, the personal injury defense attorney’s job is to disapprove one or all of the elements mentioned above. He can even get the case disapproved at the procedural stage. For instance, if the plaintiff did not file the case within the statutes of limitations, the case may get dismissed.

Defenses after filing the case

When filing the case, you should be aware of the fact that a personal defense attorney will come with various defenses as mentioned below:

  • The plaintiff did not take the steps that could lessen the effect. For instance, he did not seek medical assistance to get first aid.
  • The plaintiff voluntarily participated in an activity that could cause injury. For instance, water sports or skydiving has potential risks associated with them.
  • The plaintiff did not file the case well within the time frames
  • A pre-existed injury was aggravated after the incident and the plaintiff was aware of this fact beforehand.
  • The plaintiff has signed the agreement that the defendant may not be held responsible for any injury.

Settlement before the trial

The judicial system encourages the settlement before the trial because it lessens the burden on the system, attorneys, plaintiff as well as the defendant.  However, the settlement should be done in the presence of your attorney. You must not sign on any document or make any statement if your attorney is not there. If both parties agree on terms with one another, the settlement can be completed and registered in court. It can save time, effort and stress. 

Posted in Law

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