If a New York resident is injured in a car, truck or motorcycle accident caused by someone else’s negligent behavior, they may have been told by loved ones to file a lawsuit against the responsible party. However, not many know what a personal injury suit is and the basics surrounding it.
Filing a personal injury lawsuit is one way to protect one’s rights after becoming injured in a crash or through some other incident, such as slipping and falling in someone else’s premises. When someone else is responsible for causing that harm, the accident victim can try to hold him or her legally responsible for their behavior by establishing their fault in the incident in question.
Unlike a criminal case, a personal injury lawsuit is a civil case, which means a private individual instead of the government initiates it. The plaintiff files a civil complaint against the defendant, who can be an individual, a business or a corporation, alleging that the defendant has behaved irresponsibly towards them. This usually involves outlining the essentials of the law, such as the elements of negligence and how the defendant’s behavior fulfills the requirements.
It is also possible for a plaintiff’s personal injuries to be compensated through an informal settlement between those personally involved in the dispute. Parties can negotiate with one another and follow it up with a written agreement in which they usually agree to forgo legal action by resolving the matter out of court.
Whether one is pursuing litigation or resolving the matter informally, consulting an experienced plaintiff personal injury law firm can be helpful. In the case of litigation, laws have generally evolved through court decisions and summarizing it often involves going through multiple treatises. Similarly, negotiating a settlement requires both an understanding of applicable law and negotiating prowess. An experienced professional may be able to bring both to the courtroom or negotiating table.