Claimants who sustain injuries due to no fault of their own can start a legal claim against the accountable party. However, when starting a legal claim, the victims must clarify if they sustained personal injuries or bodily injuries. The terms do not mean the same thing in court proceedings, and they determine what courts manage their case.
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What Are The Legal Implications of Bodily Injuries?
Bodily injuries are often defined in criminal proceedings and help prosecutors classify the criminal infraction that caused the victim’s injuries. Life-threatening bodily injuries are classified as attempted murder in criminal court.
However, in personal injury cases, bodily injuries are identified as the injuries victims sustain in auto accidents, construction accidents, and criminal acts. Victims that need more clarification about their injuries get started by visiting nicoletlaw.com/personal-injury now.
How Are Personal Injuries Defined?
Personal injuries are any injuries sustained by a victim in civil lawsuits. The term encompasses all injuries sustained in any case that could be filed through the civil court, including criminal acts, acts of malice, and accidents that were not the fault of the victim.
There are different classifications for personal injuries, such as minor, severe, or life-altering. The severity classification for the personal injuries defines how much the victim could acquire when suing the accountable party. The most severe of personal injuries are permanent or conditions that cause a disability.
How Can Victims Collect Compensation for Each Type of Injury?
When filing a legal claim against the accountable party, the attorney defines the area of personal injury law that applies to the case. The victims must have evidence that supports their legal claim and outlines the defendant’s liability of negligence. A lawsuit gives them a chance to have their case evaluated by the court, and the court will determine if the claimant is entitled to compensation.
There is also a chance that the defendant will provide a settlement offer. When the offer is submitted to the claimant, the attorney reviews it and discusses the offer with the client. If it is a reasonable offer, the claimant may decide to accept the offer and avoid going to court.
How Do You Know If You Have a Viable Case?
The attorney can review all the evidence the claimant has against the defendant. The client must sign medical record releases for the attorney to get their medical records. All probable evidence is acquired by the attorney. After the attorney reviews the details, they can determine if the victim has a viable claim against the accountable party.
How Do Statutes of Limitations Apply?
The statute of limitations for each different personal injury claim defines how long the claimant has to start a legal claim. They have one to three years to start a claim as defined by the statute. If they have a statute of limitations for one year, they must start the claim before the first anniversary of the day they sustained their injuries. If they do not get the claim started on time, they forfeit their right to obtain compensation. Personal injury laws define personal injuries and bodily injuries in a separate way. While insurance providers may call the injuries as “bodily injuries,” the court defines bodily injuries as those resulting from a criminal act. In personal injury cases, the victim’s injuries are considered personal injuries. Bodily injuries are managed through criminal courts, and personal injuries are managed
