Have you ever been injured, either by intent or as a result of someone’s negligence? If you are injured, you can file a civil lawsuit to regain any losses you experienced due to the injury. This process allows you to gain compensation for any harm you suffered. This is some information you should know about personal injury law.
Personal Injury Laws Foundations
Tort law includes acts that injure others or infringe on their rights. Therefore, personal injury law falls under tort law. These laws were made primarily by judges as part of common law. Although Congress has passed tort laws regarding workers’ compensation, these laws are not typically legislated like other laws. Instead, when judges hear these types of cases and make rulings, the rulings become precedent. This means that they are binding to all lower courts. As they continue to rule in the same way, these precedents become common law.
Each state has different precedents, so common law can differ significantly among the states. The Restatement of Torts guides legal professionals in personal injury cases.
Personal Injury Situations
Before you start looking for local legal counsel, i.e., personal injury attorney Columbia MD, you should understand whether your situation qualifies. Although a wide variety of injuries may qualify for prosecution, most fall under a few categories. Tort situations involve injuries as a result of negligence, such as car accidents, medical malpractice or slip and fall accidents. However, you may also sue for defamatory statements that damage your career and reputation. Assault and battery as well as other intentional torts, including the sale of defective products, may result in product liability lawsuits.
Personal injury cases have a statute of limitations. This means that you cannot file a lawsuit on a case that happened before the deadline stated in the law, which is 1-6 years depending on the state. Your clock typically starts the day you are injured, but in some cases, it starts when you realize you were injured. However, there are exceptions, such as the age or mental capacity of the injured party or the defendant was not in the state after the accident.
If you have been injured in an accident, learn more about personal injury law to see if you can recover your damages.