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The Basics of Personal Injury Law

What is personal injury law, what is its purpose, and why might you need a personal injury lawyer Wytheville, VA residents trust? For starters, personal injury is a term that encompasses multiple types of injuries—physical and psychological—caused by an individual’s or an entity’s negligence or intent to cause harm. Personal injury law (also known as tort law) provides a legal path in a civil court for the injured person to receive compensation for the harm that has occurred, including medical costs, lost wages, pain and suffering, and more. When proceeding with a personal injury case, don’t wing it! Hire a personal injury lawyer who will fight for you, like The Law Offices of Mark T. Hurt. A Wytheville, VA personal injury lawyer is here to help clients receive the compensation they deserve.

Personal injury law basics

  • Accidents: Personal injury law applies to acts of negligence or carelessness that cause harm to another person. Negligent accidents comprise medical malpractice, slip-and-fall incidents, car accidents, employers who fail to follow workplace safety guidelines, and more.
  • Defamation: Personal injury law applies in cases where someone communicates a false statement about another person. When this happens, the harm can extend beyond the individual’s reputation and affect a business, a product, or even a government.
  • Defective Products: Personal injury law applies to products that, when defective put the user at risk of personal injury, poison, or death. Examples of defective products include children’s toys, vehicles, drugs, firearms, and more.
  • Intentional Acts: Personal injury law applies to a person’s intentional act to do harm to another person. Examples of intentional acts are assault, battery, inflicting emotional distress, fraud, trespassing, and many more.

How do personal injury cases work?

While each case is unique, a personal injury case typically progresses through the standard steps as outlined below:

  •   The defendant has wronged and/or injured the plaintiff. For example, the defendant was texting while driving, ran a stop sign, and hit the plaintiff’s car. From this, the plaintiff’s car received damage and the plaintiff has recurring neck pain.
  •   The plaintiff decides this was a breach of the defendant’s legal duty. In the preceding example, the defendant had the legal obligation to safely operate their vehicle while on a public road. The defendant violated the law by texting and failing to pay attention to road signs, and plowed into the plaintiff.  Now is a good time to consult with a personal injury lawyer serving Wytheville, VA.
  •   Both sides discuss settlement. If it is clear that the defendant violated their legal responsibility, the individual (or their insurance company) can decide to settle out of court. If this happens, the defendant will offer the plaintiff monetary compensation to avoid a lawsuit related to that injury and associated losses. A good personal injury lawyer serving Wytheville, VA will know how to negotiate with individuals and insurance companies to get you you everything you deserve.  If both sides agree, the case is settled. If the plaintiff does not choose to accept the settlement agreement, they can file a personal injury lawsuit. While settlement can still occur after the lawsuit is filed, a jury will decide the defendant’s liability after they hear the civil case.

For more information regarding working with a personal injury lawyer Wytheville, VA residents rely on, or if you have recently been the victim of an accident, please contact The Law Offices of Mark T. Hurt to get the help that you deserve.

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