- Personal injury
A personal injury occurs when a
personhas suffered some form of injury, either physical or psychological, as the result of an accidentor medical malpractice.
The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. Indeed, there are a multitude of types of accident and the term "personal injury" also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions which are often classified as "industrial disease" cases. Industrial disease type cases include
asbestosisand mesothelioma, chest diseases (e.g. emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititus, and repetitive strain injury cases.
Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury. At least in the
United Statesthis system is complex and controversial with critics calling for various forms of tort reform. Attorneys often represent clients on a "contigency basis," in which the attorney does not charge for services until the case is resolved.
Englandand Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring their claim. However, if the injured party was under the age of 18 at the time of the accident, then they have up until the day prior to their 21st birthday to commence proceedings. Legal Aidfor personal injury cases was largely abolished in the late 1990s and replaced with "no win, no fee" arrangements.
Structured Settlements in Personal Injury Cases
Often, the use of a
structured settlementis desired by the injury victim to help protect them financially after an injury settlement.Fact|date=December 2007
Structured settlements provide injury victims with tax benefits and enable proper financial planning for future needs of the injury victim as a result of the injury.Fact|date=December 2007
Pain and suffering
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