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On Personal Injury Law and Litigation

04th October 2011
By ethanrehman in Personal Injury
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Oftentimes, a personal injury has a dramatic and life-changing effect not only to those injured, but also to those close to the victim. Personal injury, in legal parlance, is referred to as a type of tort suit that arises when a person is injured—including physical and psychological harm, as opposed to injury to property—caused by the failure of another to exercise reasonable care.

Personal injury litigation is generally a negligence case. This means that the lawsuit alleges that the plaintiff’s injury has been caused by the negligence of another. "Negligence," in law, arises when the defendant does not intend to cause the injury, but is careless of the safety of others. This becomes a legal ground to seek damages to recover from losses, including medical bills, loss of wage, insurance coverage, property damage, pain and suffering, and attorney and legal fees.

Personal injury law is a very broad subject matter, the most common of which includes automobile accidents, tripping accidents, product liability suits, assault claims, and medical malpractice cases. While all are personal injury suits, each may require special handling and experience.

A personal injury lawsuit generally makes one think of a trial seen in many courtroom dramas, with a personal injury attorney Utah, judge and/or jury present. However, many cases do not end up in a trial. Some lawsuits end in a settlement instead. Settling a case means accepting damages in return for voluntarily dismissing your lawsuit against the person who injured you. This is much more expedient than a lengthy, costly civil court trial. After all, the purpose of many tort suits is to recover money from the person who caused the injury.

It is the job of your hired personal injury attorney Utah to gather facts after filing a lawsuit—including documents, interrogations and depositions—in the process known as discovery. After discovery, many cases are settled before going to trial. Those cases that do not settle, however, proceed to court. A plaintiff can ask for a jury to hear the case, but judges may hear personal injury cases as well. This is known as a bench trial, as opposed to a jury trial.

Most people are unfortunately not familiar with the process of recovering damages. Despite the promises of the defense and (sometimes) the insurance company, make sure to do your research before rushing to the courtroom to receive your check. A good personal injury lawyer Salt Lake City understands that it is his responsibility to obtain justice and fair compensation (monetary or otherwise) for his client.
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