Personal Injury Law Basics
Because there are many different cases that can count as personal injury, it’s important to know what the basics are. The best route is to speak with your lawyer at the Lake of the Ozarks, but until your appointment, here is something to get you started.Accidents
An accident would be a case where someone is acting negligently, and their carelessness causes harm to someone else. The most common examples can include car accidents, slip and fall incidents, and medical malpractice - among others.
Intentional Acts
If personal injury comes from the result of a defendant’s intentional conduct, it could be a case for personal injury. The most common causes of this are in assault and battery.
Defective Products
Defective products can create a situation where a defendant could be found liable for injuries without intentional wrongdoing or neglect.
Defamation
This personal injury case is less about physical injury and more about the harm that has been caused to another person’s reputation.
Defendant Does Something That Injures Plaintiff
This situation can be almost any bad act on the part of the defendant. The only exception is with contractual breaches, which are then handled under a separate body of law known as “contract law.”
Plaintiff Determines that Defendant Breached a Legal Duty
The definition of “legal duty” will depend on the situation in which the injury occurred. Some examples could include that a driver has a duty to operate their vehicles with a certain level of care. Doctors also have a duty to provide medical care with a certain level of competence that could be expected from any skilled health care professional. Manufacturers and distributors are responsible to not put defective or unreasonably dangerous products on the market.
Settlement Talks Occur
When it has become clear to all involved that the defendant breached their legal duty, it will be time to discuss a settlement. This may happen outside of court. It involves making an offer of monetary compensation to the injured individual. In exchange, the injured person makes a binding promise not to file a lawsuit over the injury.
From here, the plaintiff can agree to a settlement and the case will end. If not, the plaintiff may go to court and file a personal injury lawsuit over the situation.
Remember, your initial consultation with Gibbons Law Firm is always free.
If personal injury comes from the result of a defendant’s intentional conduct, it could be a case for personal injury. The most common causes of this are in assault and battery.
Defective Products
Defective products can create a situation where a defendant could be found liable for injuries without intentional wrongdoing or neglect.
Defamation
This personal injury case is less about physical injury and more about the harm that has been caused to another person’s reputation.
How Does a Personal Injury Case Work?
There are many different types of personal injury cases, so each one will have differences. However, there are some standard steps that most personal injury cases share in the overall big picture.Defendant Does Something That Injures Plaintiff
This situation can be almost any bad act on the part of the defendant. The only exception is with contractual breaches, which are then handled under a separate body of law known as “contract law.”
Plaintiff Determines that Defendant Breached a Legal Duty
The definition of “legal duty” will depend on the situation in which the injury occurred. Some examples could include that a driver has a duty to operate their vehicles with a certain level of care. Doctors also have a duty to provide medical care with a certain level of competence that could be expected from any skilled health care professional. Manufacturers and distributors are responsible to not put defective or unreasonably dangerous products on the market.
Settlement Talks Occur
When it has become clear to all involved that the defendant breached their legal duty, it will be time to discuss a settlement. This may happen outside of court. It involves making an offer of monetary compensation to the injured individual. In exchange, the injured person makes a binding promise not to file a lawsuit over the injury.
From here, the plaintiff can agree to a settlement and the case will end. If not, the plaintiff may go to court and file a personal injury lawsuit over the situation.
Personal Injury Law at the Lake of the Ozarks
When you’ve been involved in a personal injury case, it can be hard to see the end of the tunnel. One of the most important things you can do for your case is to hire a personal injury lawyer at the Lake of the Ozarks. If you have questions about your case, please visit my website to learn more about my history as a prosecuting attorney for the State of Missouri, and about my private practice which I’ve been engaged in since 1992. I serve the entire Lake of the Ozarks area including Osage Beach, Lake Ozark, Camdenton, Macks Creek, Richland, Linn Creek, Greenview, Sunrise Beach, Climax Springs, Edwards, Montreal, Eldon, Brumley, Tuscumbia, Laurie, Ivy Bend, Gravois Mills, Stover, Versailles, Syracuse, and St. Elizabeth. Give me a call at 573-348-2211 for a free consultation with Gibbons Law Firm.Remember, your initial consultation with Gibbons Law Firm is always free.
Your Trusted Legal Resource
Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
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