Why do Personal Injury Cases Go to Court?
When a person is injured due to the negligence of another, they may be entitled to compensation for their injuries. In practice, personal injury cases will come before the court normally only when the parties have failed to agree on a suitable amount of compensation (where the victim/plaintiff and his or her lawyers feel that the amount of money that has been offered is not enough to fairly compensate for the personal injuries loss or damages).
The court will then decide on the amount of compensation that should be awarded. This decision is based on a variety of factors, including the severity of the injury, the amount of medical expenses incurred, the amount of lost wages, and the amount of pain and suffering endured.
When a personal injury case goes to court, the plaintiff (the injured party) will have to prove that the defendant (the person or company responsible for the injury) was negligent. Negligence is defined as the failure to act with reasonable care. In order to prove negligence, the plaintiff must show that the defendant had a duty of care to the plaintiff, that the defendant breached that duty of care, and that the breach of duty caused the plaintiff’s injury.
The court will also consider the amount of damages that the plaintiff is seeking. Damages are the amount of money that the plaintiff is asking for to compensate for the injury suffered. The court will consider the amount of medical expenses, lost wages, and pain and suffering that the plaintiff has endured. The court will also consider the amount of money that the defendant is willing to pay.
Once the court has heard all of the evidence and arguments from both sides, it will make a decision. The court may decide that the defendant is liable for the plaintiff’s injury and award the plaintiff a certain amount of money. The court may also decide that the defendant is not liable and the plaintiff will not receive any compensation.
In conclusion, personal injury cases go to court when the parties have failed to agree on a suitable amount of compensation. The court will then consider the evidence and arguments from both sides and make a decision on the amount of compensation that should be awarded.
