A General Guide to Personal Injury Law

If your attorney files a lawsuit against someone on your behalf to demand compensation for injuries you sustained, your lawsuit is in the area of personal injury law. For example, you might work with a Tampa Bay auto accident attorney if another driver rear-ended your car, causing you to suffer from chronic pain due to whiplash. With a personal injury case, your lawyer will try to prove that the other party was negligent in some way, which led to your injuries.

Basis for Personal Injury Claims
Car Accident Lawyer Tampa Negligence is a common basis for a personal injury claim . A personal injury lawyer may prove negligence in the case of a boating accident, car crash, construction site accident, and many other similar circumstances. Negligence is also a common basis of personal injury claims that stem from medical malpractice allegations. For example, your attorney might file a lawsuit against a doctor for failing to identify the signs of fetal distress and perform an emergency C-section in a timely manner. However, negligence isn't the only reason for this type of lawsuit. Your lawyer may also allege strict liability. An example of this type of case is when a designer or manufacturer produces a defective product, which malfunctions and causes injuries. Or, your lawsuit may allege an intentional wrong. For example, if someone attacks you and causes injuries, that person may face civil penalties in addition to criminal charges.

Procedure for Filing a Lawsuit
After your attorney files a lawsuit on your behalf, both parties will go through a process called discovery. During discovery, your lawyer and the counsel for the defendant will gather documents and facts pertaining to the case. They will also conduct depositions, which involve asking questions under oath.

Resolution of Personal Injury Claims
The majority of personal injury claims are settled after discovery, before going to trial. Your lawyer can negotiate with the defendant's counsel to develop a settlement agreement. If you agree with the terms, the case will not go to trial. If you do not agree with the terms of the offer, the case will be resolved in court. A successful outcome involves a jury verdict, or a jury award, which compensates you for your injuries.

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