Civil damage, personal injury, and accident lawsuits are filed when the plaintiff is seeking some form of compensation for a loss or injury suffered. The defendant’s wrongful conduct causes loss or injury. The relief may come through different avenues, but the most common is the monetary or medical bill compensation awarded to the plaintiff.
Personal Injury and Accidents
The accident and injury lawsuits come in different forms, but the fundamental stages of personal injury and accident cases remain the same. In personal injury, a win in the court is the beginning of another phase. In some situations, the defendant may choose not to follow the judgment, or their insurance is unable to cover and cannot compensate for the claim. In this case, you will incur more to collect the judgment. Businesses and individuals that are stable typically pay judgments when they lose, which will end the process peacefully. In another situation, you can conduct a post-judgment discovery to uncover the defendant’s source of income and assets. In other states, you are allowed to garnish up to 25 percent of the debtor’s paycheck to pay for the medical expense.
Civil Damages Suits
In civil damages suits when there is no settlement out of court between the parties, the case may go to trial. In this case, it is not guaranteed that the trial will take place on the set date. The patient can have up to ten years for some cases between when the incident took place and when they can no longer report. Similar to personal injury and accidents once you have been successful in court, you will also be required to collect the judgment. A similar procedure can be followed like that of the personal injury case.
The tort is a civil wrong that may cause the plaintiff harm or suffer a loss. When this happens, the plaintiff is entitled to a certain remedy—usually in the form of punitive or compensatory damages. In torts, the damages are determined by the court as compensation that will put them back in the position before they suffered the misconduct.
As you can see, each case will be examined differently based on its facts and merits. The court will determine whether the case requires damages. If so, then the court will award the damages. The plaintiff and his attorney have the responsibility of collecting the compensation.
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