Personal Injury Law – What You Should Know
Legally, personal injury refers to any kind of injury to the emotions, mind or body. That separates it from injury to property or possessions. However, the term most usually refers to a particular kind of tort lawsuit, where it’s alleged that our injuries have been caused by someone else’s deliberate act or negligence.
The most common kinds of claims under personal injury law include automobile accidents, work related injury, assault claims, home accidents, incidents surrounding defective products, and accidents such as tripping or injury on holiday. Personal injury suits also include medical and dental claims, which make make up another large part of the suits brought to court. Cases relating to industrial diseases like asbestotis, emphysema, silicosis, occupational deafness, RSIs, and contact dermatitis, among many other conditions, are also seen.
In cases where the accused party is found to have been negligent, the injured part is often entitled to monetary compensation. The exact way this works varies by country, and even by locality within countries. In some areas, including the US, the method of determining and awarding compensation to people in these types of cases is highly controversial.
Many attorneys will represent clients in a personal injury cases on what’s called a contingency basis – if the plaintiff receives compensation, the attorney will be paid a percentage of that compensation. In most cases, the plaintiff doesn’t have to pay legal fees if the case is unsuccessful. Some countries have an additional success fee for cases where an award has been made.
Most cases cannot be brought without an attorney, since the law regarding personal injury in most countries is extremely complex. An attorney with a good grasp of personal injury law is required to successfully bring a case to court, and can help plaintiffs understand their rights and obligations under the law.
If you feel that you’ve been the victim of a personal injury of any kind, and are considering legal action, it’s extremely important to know what the laws and regulations in your area might be. For instance, in England and Wales, court proceedings must begin within three years of the date of the accident, or you’ll lose your ability to bring your claim. That might sound like plenty of time, but it’s important not to delay – medical treatment and other problems can make it hard to get a case to court, and your area might have an even shorter time period.
Awards can be made in all kinds of forms, but there are a few very common ones. Often, the courts will make their award to the plaintiff in the form of a structured settlement. This type of settlement offers tax benefits and helps victims plan financially and avoid being taken advantage of. Lump sum payments can also be made.
Personal injury law varies significantly from country to country, making it extremely important for injured parties to get in touch with a qualified attorney. He or she can help explain what’s required to bring a suit to court, what you can expect to win, and what kind of obligations the injured party has under the law. Personal injury suits can help protect us against the negligence of others, but only if we get through them correctly.
Bradford & Co Personal Injury Lawyers Perth, Western Australia, practise in the areas of:
Motor Vehicle Injury Claims, Workplace Injury, Public Liability, Insurance Claims, Medical Negligence claims, Criminal Injury and other claims and injuries.
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