Personal Injury 101: From a Personal Injury Lawyer in South Jersey

We all know that accidents can happen and things can go wrong, and sometimes all that a mishap requires is a quick “So sorry,” and everybody can move on and forget that it ever took place. But some accidents cause real injury, whether physical, emotional, financial, or a combination thereof, and are a result of carelessness or even malice. When this is the case, a private citizen can take action and seek justice against the person or entity responsible for the harm that has been done to them. This is the basis of all personal injury lawsuits.


Tort Law


A personal injury lawsuit is a formal proceeding administered in the courts. The goal of a personal injury lawsuit is to hold a defendant (the person or entity being sued) legally responsible for the injury that has been done to the plaintiff (the person filing the lawsuit.)  Personal injury lawsuits are civil complaints rather than criminal complaints such as those that are prosecuted by a governmental body. They are based on tort law, which has been established as both a way to provide relief for a person who has suffered damages, and as a deterrent to prevent others from committing the same, damaging acts.




Though the decisions in many personal injury lawsuits are decided in court, a large percentage are resolved informally before a court decision is ever handed down. This process is known as a settlement, and usually involves attorneys from both sides of a case coming together to negotiate an agreement that is acceptable to both sides. A settlement is often reached after the discovery phase of a personal injury case, when the defendant is able to see the strength of the case that a plaintiff’s attorney has assembled against them.


Statute of Limitations


If you have been the victim of an accident that has resulted in some kind of injury or damages and you are considering filing a personal injury lawsuit, it is important that you are aware of what the “statute of limitations” is for your particular type of case. A statute of limitations is a time limit that has been imposed between the time of an injury (or the discovery of an injury) and the time that a plaintiff has to file their claim. Statute of limitations vary depending upon the jurisdiction and the crime, but once it has passed it is too late to file a lawsuit. An experienced personal injury attorney can help you determine what laws cover your injury and tell you what the deadline for filing a personal injury claim is.


Knowing Whether To File a Personal Injury Lawsuit


We all have a sense of what is right and wrong, and what is fair and unfair, but that is not the same as knowing whether a situation warrants filing a personal injury lawsuit. If you have been injured as a result of somebody else’s actions and feel that the person responsible should compensate you for what you’ve suffered, then your first step should be to seek advice from an experienced personal injury attorney. Wallace Law in South Jersey will listen carefully and explain all of your rights and options. Contact us today to set up a free consultation.

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