If you get hurt because of another person’s negligence, you may have a personal injury claim. In this blog post, you’ll learn about the basics of personal injury law. A truck accident lawyer is here to share more information on this topic for you:
- What defines personal injury law
- The definition of negligence
- What you should know about insurance and personal injury claims
This blog is intended for educational purposes only. It is not a substitute for legal advice. If you need legal advice, schedule a consultation with a personal injury attorney in your area.
What Is Personal Injury Law?
According to the American Bar Association, personal injury law is a body of civil law that helps protect you if you’re hurt because of another person’s negligence. Personal injury law is also known as tort law. When a personal injury claim is successful, the injured person is compensated for their losses by the person or persons that caused the accident as our friends at Herschensohn Law Firm, PLLC can explain.
Personal injury law includes a concept known as a statute of limitations. This means that you only have a certain amount of time to file your claim. In most cases, this time limit is two years from the date of the accident. There are some exceptions to the two-year time limit. The main exception is if an injured person is a minor. They may file a claim (if one isn’t filed for them) after the child reaches the age of majority.
What Is Negligence?
In the previous section, you learned that a personal injury claim is caused by another person’s negligence. So, what is negligence? According to the American Bar Association, negligence is the basis of personal injury law. Negligence means that someone did or didn’t do something that they have the legal responsibility to handle. For example, if someone is speeding in a school zone, they may be negligent if they cause a car accident. Another example is of someone who should put up a caution sign over a wet floor but they choose not to do so.
Insurance & Personal Injury Claims
When someone is hurt because of another person’s negligence, they may have the right to file a claim with the insurance company. The initial goal of the insurance company is to put the injured party back to where they were had the accident not occurred. However, insurance companies don’t always treat injured parties fairly. Insurance companies often worry more about their profit and pay out as little as possible.
Once you file a claim with the insurance company, you may be required to give a recorded statement. They may also offer you a settlement. Before you settle or provide a recorded statement, you may wish to consult with a personal injury attorney to determine if you’re being offered fair compensation as a settlement.
There is a lot of nuance to the law that a legal professional can guide you through as each case is unique. Contact a personal injury lawyer near you for help if you or someone you love has been injured by someone else’s negligence.