Personal injury law is a branch of legal cases that deal with people causing, through some form of negligence or failure to accommodate safety, injuries and the person who was injured seeking financial compensation for said injuries. The process varies from state to state, however the basic tenants of personal injury law are the same. If a person who has been injured is seeking restitution, the way that they win the case is different than other forms of law.
In general, there are two different types of legal cases handled by the courts. These two categories are criminal law and civil law. Criminal law is relevant when the state or federal government tries someone for breaking a law and committing a crime. In criminal law cases, if the defendant is found guilty, then he or she must be punished, either by large fees or incarceration for a time. While the severity and theories behind these punishments also tend to vary across different states, the sentence is mandated by the court and must be carried out.
Civil law is a little bit different because a person is not necessarily being charged with a crime, but rather with a different kind of wrong committed. In addition, a civil lawsuit is not between the government and an individual, but rather between two separate individuals or organizations. As such, the punishment process is carried out differently. Rather than a person being punished by the courts for the sake of atoning for a crime, they are instead mandated to pay, financially, for the medical and sometimes property damage costs of the person who is filing the lawsuit.
There are circumstances in which a crime is also committed tangentially to the personal injury case being filed. For example, if a person files a personal injury lawsuit for an injury sustained in an automobile accident and it is revealed that the other driver was also intoxicated, he or she may be charged with a DUI in addition to being made to pay the costs of the civil suit. These circumstances vary on a case to case basis however.
Overall, a person who does the injuring in a personal lawsuit is not punished in the same sense that a criminal is, but he or she is still obligated to compensate the injured with financial assistance. It is not truly punishment, as the goal is not to admonish the injurer, but to help justice be seen for the person who is injured and help him or her get back to a normal life. If you or someone you know needs and deserves this kind of financial compensation for injuries, the skilled attorneys at the Franco Law Firm can help see your case won. For more information and to schedule a free consultation, please call us at 813 872 0929.