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A Guide To Personal Injury
Personal injury is a legal term that is used for injury to the body, mind or emotions of a person. The term 'personal injury' is often used in the context that the injury has resulted from the negligence of another. Here in this article we shall look at what are common personal injury claims and how the law views this legal term with the UK and United States.
Most common personal injury claims are based on road traffic accidents, accidents within the work place, tripping accidents, holiday accidents, assault claims, accidents at home and defective product accidents. Another use for the term personal injury is used for medical accidents and conditions that are referred to as 'industrial disease cases' which includes asbestosis and repetitive strain injury.
Often in court, if the negligence of the other party can be proved then the injured party can claim monetary compensation from them. Within the United States this entire system causes much controversy due to its complexity and calling for claims of personal injury to be changed within the law. In America most personal injury claims involve hiring an attorney due to the system being incredibly complicated, especially concerning medical malpractice. Attorneys tend to charge clients a percentage of the final compensation they receive.
Within England and Wales, the rules regarding personal injury differ from those within the United States; individuals that are claiming compensation have to do so within three years of the date of the accident. After that time the claimant will be unable to bring their claim to the courts, claimants that are aged 18 have up until the day prior to their 21st birthday. Courts within England and Wales have the option to extend or waive this limitation period if needed. Legal aid for personal injury cases was abolished in 1990's and has been replaced with the No Win, No Fee agreement. This states that if a client's case is unsuccessful then they are not subject to a fee.
Today personal injury settlements cost thousands of pounds in each case, recently within a Canadian court a personal injury claim awarded damages of 16.9 million dollars with interest to a Toronto man who suffered from serious injuries in a car accident. The compensation was based on the jury's decision who evaluated the man's financial needs in the future. They awarded 14 million dollars for the future care of the man alone and 1.4 million for his future loss of income.
About the Author Thomas Pretty is a lawyer with many years of experience working cases in personal injury law. Find out more about personal injury at http://www.stewartslaw.com/
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