One of the important lessons that the law students would learn about the US legal system is the difference of the criminal and the civil law. The basic distinction is on how the guilty or responsible party is punished. When the defendant or the respondent in the civil trial loses, then one will be ordered to pay the plaintiff the amount of money due for the damages. On the other hand, if the defendant of the criminal case loses, then one will be asked to pay a fine and then spend the time behind the bars. Know that the defendant in the civil trial is not punished through incarceration in jail or prison. Visit
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The reason for this is because the respondent in the civil case didn't commit an actual crime. Usually, he is guilty of either indirect or direct negligence and is not against the law. For instance, he may have taken this eyes of the road when driving and plowed into another car. Though he made a mistake but it was not a crime since he did not do so deliberately. Because of this, if the driver of the other car got hurt in the collision or crash, he can file a lawsuit.
The car accidents are the textbook example of direct negligence, one party was directly responsible for such crash. There are also those cases where the respondent wasn't directly responsible for the injury of the plaintiff. So when should a suit be filed? Based on the law, the personal injury is one kind of tort which can be filed when harm is caused as the result of the negligence or failure to use reasonable care. The plaintiff may sue for monetary compensation if emotional or physical damage results in a financial loss. For instance, when the motorist gets involved in an accident which was not his fault and gets hurt, he can sue for medical expenses and for pain and suffering and the loss of wages.
Many of the personal injury suits don't make it to court. The reason for this is simple because many of the plaintiffs just ask for what they are entitled to. However, without the advice and the guidance of the experienced personal injury layer, they cannot convince the defendant to settle. Expensive and lengthy court battles can take place with this.
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