What Is A Personal Injury Lawsuit?
Posted on: 24 July 2015
If you have recently been injured by another party, then you are probably curious about what your options are. Can you file criminal charges against them? What about a personal injury lawsuit? To help you better understand the possibilities available to you, here is an introduction to personal injury lawsuits.
Criminal vs Tort Law
In order to understand how you should react to your circumstances, you must first understand the difference between criminal and tort law. Your situation will dictate which option is available to you. If you were the victim of a crime, then you have the option to press criminal charges. However, if you suffered an injury that cannot be legally classified as a crime, then you might have to resort to a personal injury lawsuit, which falls in the category of tort law.
Criminal cases are much harder to prove, which means that they have a lower chance of success than wrongful death lawsuits. Criminal charges can also result in jail time, while wrongful death lawsuits usually result in financial compensation.
So what is a personal injury lawsuit?
The legal definition of a personal injury is quite broad, so you will probably have to consult a personal injury lawyer to determine whether or not your case qualifies. However, there are some general criteria that you can use to get a pretty good idea.
First of all, was your injury due to the fault of another person or party? If you were solely responsible for the damage, then your case isn't going to get very far. However, if you were injured due to the negligence of another party or the direct actions of another party, then you have a solid foundation for your lawsuit.
Secondly, was the damage significant? The damage doesn't necessarily have to be to your body; it can also be psychological damage or damage to your possessions (such as a car). The more severe the damage is, the better chance you have of winning and the more money you are likely to win.
Finally, was the accident recent? In some cases, you will be unable to pursue a personal injury lawsuit if you waited too long between the incident and filing the lawsuit.
Lawyer Up
In order to figure out whether or not you have a case and just how strong that case is, you will need to consult a personal injury lawyer like one from Smith & O'Hare PS Inc. Isn't the risk of finding out that you don't have a case worth the possibility that you could win massive compensation in court?
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