PERSONAL INJURY is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. It is most commonly used to refer to a type of tort lawsuit alleging that the injury has been cause by the negligence of another. Damages include bodily injury, intentional infliction of emotional distress, and negligent infliction of emotional distress.
The most common types of personal injury claims are road traffic accident, tripping accidents, assault claims, accidents in the home, etc.
Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment.
Attorneys represent client on a “contingent fee basis” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved, with no payment for fees necessary if the case is unsuccessful. There will be costs associated with any claim which will require reimbursement regardless of outcome.
Damages are categorized as either special or general. Special Damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages. General Damages include less measure costs such as pain and suffering, loss of consortium, and emotional distress. Personal injury claims result in both special and general damages.
Four things must be proven in order to hold a party or parties legally liable for injuries so damages can be awarded:
- The Party had a duty to act reasonably according to the circumstances.
- The Party breached the duty.
- The Party’s breach of the duty caused you to be harmed.
- You suffered monetary damages due to the harm you suffered when the party breached it duty of care.
The amount of compensation for a personal injury will primarily depend on the severity of the injury. The more serious the injury and the more intense physical pain and suffering associated with the injury will receive the higher amounts of settlement.
The Statute of Limitations for an individual to bring a claim for compensation is within 3 years of the date of the accident.
Payments will be through a settlement agreement or a judgment as a result of a trail. Settlements can be either lump sum or as a structured settlement in which the payments are made over a period of time.