Personal Injury Law - Settlement

The term Personal Injury Settlement, is term used to describe a monetary payment or monetary award that can be given to the victim of a personal injury loss for the release of their legal claim for damages against the responsible party.

A personal injury case or loss is governed by "tort law" which protects individuals from civil wrongs committed by another, either intentionally or as a result of their negligence. A Personal Injury Settlement is usually awarded for an injury or loss that involves a bodily injury, medical expenses in the past or future, mental anguish, pain and suffering and lost wages.

A Personal Injury Settlement will usually include compensatory or actual damages and in some cases will include punitive damages for reckless conduct. Actual or Compensatory Damages in personal injury settlement are intended to place a victim in the same position they were in before the loss occurred. A Personal Injury Settlement will usually include compensation for medical expenses, disability or deformity, loss of income, and mental pain and suffering. In some personal injury settlements, such as Medical Malpractice Cases, non-economic damages (pain and suffering awards) may be capped at $250,000. In a case of willful or malicious negligence, punitive damages may be included in personal injury settlements for the purpose of punishing the perpetrator and deterring others from similar action.

Personal injury claims can be filed for Negligence, where victims are injured because the responsible party failed to prevent injury. Personal Injury Claims can also be filed for Strict Liability if the case involves a defective product or drug. Personal Injury Claims can also be filed for Intentional Acts, where the responsible party knowingly causes injury to another person.

Personal Injury Claims and the Settlements of Personal Injury Claims can take be based on many different situations.  The situations where personal injury settlements might be possible include: auto accidents, animal attacks, nursing home abuse, slip and fall injuries, car accidents, work related injuries, toxic material injuries, dog bite injuries, drug injuries, medical malpractice and wrongful death cases.

In order to receive a personal injury settlement, two things must be proven.

1) It must be shown that the defendant did, in fact, bear a legal responsibility for the injury.

2) Damages must be proven. A qualified personal injury attorney increasing your ability to receive a fair personal injury settlement.

Many Personal Injury Settlements are negotiated out of the court system and often involve discussions of the underlying case to the responsible party, his or her insurance company or their representative. In most personal injury settlement discussions the defendant or the insurance company will attempt to offer to pay the lowest possible compensation for suffering; thus it is important in such cases to seek the counsel of a personal injury attorney who can protect and maximize your interests.

An Experienced Personal Injury Attorney can protect the rights and interests of the injured victims and work to insure that the victim are properly compensated for their loss. If you believe you or a family member are entitled to a  Personal Injury Settlement for an injury or loss, it is important to keep in mind that Texas only gives you a limited amount of time to pursue the case, in most cases two (2) years from the date of loss, thus you must act fast.  Call our Law Firm day or night for more information. Call us Toll Free at 1.800.862.1260.
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