When faced with such case, hiring an experienced accident attorney in Bakersfield like The Law Office of Kyle W Jones helps in knowing one’s rights and in being confident in convincing the court to order a compensation for the injury.
Bakersfield, CA -- (SBWIRE) -- 08/13/2014 -- Personal accidents are an inevitable part of life. But of course, any harm can be avoided if there is no other carelessness. And since accidents cannot be avoided at times, protecting one’s legal rights following an accident or injury not only helps the victim, but it also makes other people be responsible in their every action.
What is a Personal Injury Case?
A personal injury case is a legal dispute that occurs when a person is being harmed due to an accident or injury. In this case, the person liable for such accident or injury must be held responsible and such can be formalized in a civil court proceeding. The goal of filing for a personal injury case is to legally find the fault through a court judgment. In most cases, an informal settlement resolves the dispute way before it reaches the court.
What are the Considerations When Filing for a Personal Injury Lawsuit?
The “plaintiff” or the person injured must consider the following when filing for a personal injury lawsuit to prove that the “defendant” or the person allegedly at fault indeed acted carelessly:
1. Duty – There are certain instances that would show that the defendant owed a legal duty of care to the plaintiff. An example is a doctor who practiced medical malpractice to a patient. Another instance is when the plaintiff was harmed in an accident and the defendant who caused the accident was proven no to operate the motor vehicle safely.
2. Breach of Duty – In assessing if there is really a breach of duty, the so-called “reasonably prudent person” must be checked. Under any same condition, did the defendant become a “reasonably prudent person”? The alleged defendant will probably be found negligent if any common person, well informed what the defendant knew at the time, would have known that any person might be a victim of accident or injury due to the defendant’s action – but the common person acted differently as compared to the defendant in a similar case.
3. Causation – When considering this element in any personal injury case, it must be fully investigated if the person harmed in an accident is indeed caused by the negligence of the defendant. If the plaintiff had his own negligence that contributed to the occurrence of the accident, then the defendant will most likely be held unaccountable for the case. Another thing that the law considers is when the cause of accident was deemed unforeseeable such as an unexpected act of nature, although it was committed by the defendant. The defendant will most likely be found not guilty in this scenario.
4. Damages – Any person who will be a victim of an accident is being compensated through monetary compensation for medical care or property repair costs.
Where Do We File for Personal Injury Lawsuits?
Lawsuits related to personal accident or injury commonly fall under the jurisdiction of state courts where the accident happened or where the people involved in the accident reside. Damages amounting to a maximum of $5,000 are usually filed in the small claims division in the Superior Court of the state jurisdiction. While accidents happening with people involved living on different states, personal injury cases must be filed under the federal jurisdiction in the federal trial courts. This is also the same case when the damages amount to more than $75,000.
Restriction Rulings in Personal Injury Cases
There is only a limited time by which a plaintiff can file for a personal injury lawsuit. This is called the “statute of limitations” that is being established by state law and usually differs according to the type of injury.
Statutes are helpful in identifying fault for an accident. When faced with such case, hiring an experienced accident attorney in Bakersfield like The Law Office of Kyle W Jones helps in knowing one’s rights and in being confident in convincing the court to order a compensation for the injury. An expert in this field would certainly help the victims of personal injury to understand how legal precedents make the claim stronger. In settlement negotiations, the legal attorney references prior cases where the courts in the same state of the case jurisdiction gave verdict in terms of damages or faults.
About Kyle W Jones Law Office
No one ever plans on winding up in an accident or needing to seek help because of an injury, but every so often, life simply happens. It goes without saying that being in a situation like that brings with it feelings of fear, stress, and worry. It’s only natural not to know where to turn for help, especially if one finds himself facing problems that are chronic or otherwise ongoing in nature.
Injuries sustained in an accident can have a drastic impact on the overall quality of life of a person. They can affect one's ability to do the job to the best of one's ability, especially if one works in a physically strenuous position. They can wreak havoc on the quality of one's personal life as well. However, it’s important not to simply take the situation lying down. Victims entitled to compensation and Kyle W Jones Law Office can help them out.