Many people may fail to obtain compensation for a personal injury simply because they didn’t know that they had a viable claim on hand. You may have a personal injury claim if:
Most injury lawsuits involve negligence on behalf of the defendant, though some cases involve intentional conduct. This means that it is possible for you to recover damages even if the defendant did not act intentionally (as in a car accident, slip and call case, or other similar claims based on negligence).
Most personal injury lawsuits involve a monetary damages award as the main form of remedy. This is usually set to cover:
Other remedies can also result in a personal injury lawsuit besides monetary damages. Perhaps the most common alternative is an injunction requiring the defendant to perform certain actions, or requiring them to refrain from doing something. An example of this is a court injunction requiring the defendant to cease activities which are causing toxic tort injuries to the public.
A frivolous lawsuit is one that has no merit or is filed with the sole intention of harassing or annoying the defendant. If a claim is filed even though it is clear that the case has no viable chance of succeeding in court, it may be deemed a frivolous lawsuit. Filing a frivolous personal injury lawsuit can result in legal penalties such as a contempt order from the court, fines, and/or criminal charges in some cases.
Personal injury claims typically require the assistance of a qualified personal injury attorney. You may need to hire a lawyer if you have been injured and believe that you have a claim to file. Your attorney can provide you advice and guidance and can help you when it comes to filing and processing your claim. Also, your lawyer can represent you in court if you need to appear for a hearing.
Last Modified: 08-24-2015 01:59 PM PDTLaw Library Disclaimer
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