What Is Personal Injury Litigation?

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What Is Personal Injury Litigation?

“Litigation” in general is defined as the process of taking legal action through the court system. This is different from other means of dispute resolution, such as mediation or counseling. Thus, personal injury litigation involves legal action in court, usually for the purpose of seeking monetary damages for economic losses.

Common personal injury litigation cases include: slip and fall claims, negligence claims, automobile accidents, and defective product injuries. These types of cases are often litigated in court because the injuries associated with these cases often result in major costs and expenses.

What Is the Goal of Personal Injury Litigation?

Most personal injury cases seek to compensate an injured person for losses resulting from an accident or negligent conduct. As mentioned, this usually takes the form of a monetary damages award, which covers:

Also, many personal injury cases result in damages awards for other issues. These may include pain and suffering, punitive damages, or other damages. These may not be available in all cases.

Lastly, many personal injury cases involve other remedies. One common remedy is an injunction which is a court order instructing the defendant to cease certain types of conduct. For instance, the court might order a company to stop creating toxic waste in communities if this conduct is causing widespread injury to a neighborhood.

What Are Some Common Hurdles during Personal Injury Litigation?

Two common hurdles that plaintiffs face during personal injury litigation include:

For both of these, it can sometimes be difficult to find sufficient proof in support of these areas. For instance, it can be difficult to determine who is at fault in and accident or injury case. Similarly, it can be difficult to calculate exactly how much is owed in damages. In such cases, the assistance of an attorney is often needed in order to support the plaintiff’s claims and requests.

Do I Need a Lawyer for Help with Personal Injury Litigation?

Personal injury claims often involve some fairly complex aspects of the law. You may need to hire a qualified injury attorney if you need help filing a legal claim. Your attorney can provide you with legal advice and research to determine what types of compensation might be available for you. Also, your lawyer can help answer any additional questions that might come up during the course of litigation.

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Last Modified: 08-05-2014 05:01 PM PDT

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