If you are hit by a car whose driver is under the influence of alcohol while crossing a pedestrian lane, can you file a case against the driver and claim for damages (monetarily)? The answer is a big yes. You can file a case, and its basis is the “personal injury” law. Under this law, you can avail of a legal remedy for whatever losses you incur due to an accident is caused by the negligence or carelessness of another person.
Take note personal injury is classified as a civil case. Therefore, when the person or entity is found at fault that causes injury towards you, the remedy will be the guilty party is going to be liable to pay for the damages to the person who is injured. This would be in the form of money. The computation of the damages will be determined by the court.
Do take note that in case of personal injury you can resort to two remedies:
Informal Settlement – this is the usual type where the parties will simply resolve the issues within themselves. The dispute is going to be settled by the parties, their respective insurers, as well as their lawyers. This kind of settlement is in the form of having a negotiation between parties, then, after which there is going to be a written agreement that states that both parties are going to forgo any form of action like a lawsuit, and they choose to solve the matter with payment. The amount of money involved is being agreed by both parties.
The formal lawsuit – this is where the aggrieved party (the victim or the person being injured upon) who happens to be a private individual (called the plaintiff) is going to file a civil complaint towards the person or any entity who caused him or her injury out of being negligent or irresponsible. This type is what is called as filing a lawsuit. Of course, negligence should be established for the plaintiff to be awarded by damages (in monetary form).
If you happen to be a person who is injured out of the negligence of another, then it is highly advisable that you seek remedy. You can choose whether you are going for an informal settlement or resort to filing a lawsuit against the other party. Of course, it is best that you should know how the procedure goes when it comes to this case, and what other things you need to be aware thereof before you go ahead and seek remedy. At any rate, if you think you are confused as to what you must do, you could always seek the assistance of a lawyer. Some lawyers within your area can give you legal assistance so that you can remedy for what had happened to you and be awarded damages according to what the court sees as due to you.
The very fact that you seek for remedy suggests that you want justice to be served to you. Plus, whatever losses you have incurred due to the accident like compensation like you are unable to work anymore, this will also be determined by the court. Or, if you go for informal settlement, have a lawyer to represent on your behalf and then, the lawyer of the other party, are going to talk things about the legal issue on hand. Then, both you and the other party are going to come up with an agreeable amount to resolve the case.