What Exactly Is Personal Injury?

by ltyler on September 20, 2012

Any suffering, resulting from an injury, whether it be physical or psychological, generally resulting from an accident defines personal injury law.

Typically, personal injury law can also be referred to as a tort which primarily pertains to civil wrongs, known as the violation of one’s rights. Often a tort is not perpetrated by an act which could harm one’s mind and body which could emotionally distress a person as opposed to an illegal act being done. Negligence is often the root cause of the injury.

Tort law differs from criminal law in which one’s actions cause harm to society in a general sense. Tortious injury is remedied by compensating for “damage” and usually the compensation is monetary. Those who perpetrate tortious injury are known as tortfeasors.

There are different types of personal injury, though the most common are automobile accidents, slip and fall accidents, accidents at work, claims of assault and product liability.

An injured party is likely to be entitled to compensation from a party who was negligent, which can be complex to prove in court. Often attorneys represent clients based on a “contingency basis,” which means a percentage of the compensation received will go the attorney at the completion of the case if won.

Having an attorney to represent a client in this type of law is quintessential because matters tend to be very complex, especially one without an knowledge of the laws surrounding personal injury which can be considered a controversial branch of law.

A conditional fee agreement, or no win no fee, is often used where if the trail does not win, the firm does not charge the client for their services.

In the United States there is a time limitation, or statutes of limitations, which determines the amount of time in which a claim must be filed. Each state has their own statutes of limitations which can also vary depending on the actual type of personal injury.

Compensation varies depending on the severity of the injury. Tangible injuries, such as brain damage or broken bones, will usually receive higher compensation. Besides compensating for the injury, often time is taken into consideration for the client’s rectification.

If an injury leaves a plaintiff unable to do their line of work any longer this is called loss of amenity. Often the reward is much larger and the loss of amenity is part of the claim for pain, suffering and loss of amenity.

Resulting from the injury, if a plaintiff is unable to do something they greatly had enjoyed then it is called a loss of congenial employment.

It is important to contact an attorney who specializes in personal injury law if you have been personally injured. The complexities of this type of law generally require the aid of someone who has vast experience to ensure the client receives the full compensation they are entitled to.




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