The fact that mishaps are fairly commonplace does not detract from the pain and confusion that can result when an accident or injury happens to you or a loved one. If you decide to take steps toward protecting your legal rights after an accident or injury, you may have a number of general questions about “personal injury” cases. Please call us at Zisson and Veara, we will be glad to discuss your case. Personal Injury cases are sometimes handled differently from other areas of law that we practice in that we will review your case with you, and if we think you have a good case, we will pursue the case at our own expense, and then share in the settlement with you. You will not have any personal costs.
What is a “Personal Injury” Case?
“Personal injury” cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed.
Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the “plaintiff”) files a civil “complaint” against another person, business, corporation, or government agency (the “defendant”), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as “filing a lawsuit”. Our discussion on negligence and proof is especially helpful.
In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money. (Note: the “middle ground” between a lawsuit and an informal settlement is alternative dispute resolution procedures like mediation and arbitration.)