What Constitutes Personal Injury Litigation?

by | Feb 15, 2014 | Lawyer

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When one party sues another for compensation for the costs associated with a personal injury, this act is referred to as personal injury litigation. The costs associated with an injury caused by the negligence of another entity can be concrete; such as medical bills or more abstract costs such as those associated with pain and suffering. To pursue this type of litigation, the victim will relay on a Boise personal injury lawyer.

This litigation often involves one person suing another person where the complaint is based on the perceived negligence of the accused. It is not necessary for the compliant to be directed solely at another person, it can also be directed at the government or a corporate entity. A Boise personal injury lawyer can also represent a mass of people, who are suing a company, this often happens when a product manufactured by the offending company injures or sickens a large group of people.

In many cases the actual litigation is against an insurance company who provides insurance coverage for the individual that is at fault, a typical example would be when the injured party pursues equitable compensation from the insurance company of a reckless driver who caused injury and damage.

Medical malpractice is a very complex area of litigation. This litigation includes bringing suit against a medical facility such as a hospital or clinic as well as medical doctors and other members of the medical profession. The issues can range from incorrect diagnosis, improper prescribing of medication or any other errors that are the result of negligence on behalf of a staff member or the facility. Medical malpractice suits are watched carefully by independent financial groups as the awards can have a significant effect on the health care industry.

The claim of personal injury is under tort law; it is civil in nature, not criminal. The successful conclusion to a personal injury case will be when the complainant is able to prove beyond doubt that the accused did indeed cause the accident and it was the direct result of negligence on the part of the defendant. The awards can be established by a court but in many cases, an out of court settlement is arrived at between the parties, the lawyers and the insurance company.

If you are in need of a Boise personal injury lawyer you are invited to discuss the details of your case with the Fox Law Office.

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