Types of Personal Injury Cases

When one considers a personal injury case, the first type to come to mind is often a car accident. However, there are many different types of personal injury cases, and they will vary in the types of settlements that can be received. If you are injured physically or psychologically through the negligence of another person or company, you may be entitled to a settlement that includes medical reimbursement, money to make up for lost wages, and compensation for pain and suffering. Understanding the types of personal injury cases may give you a better understanding of the sort of case you will be pursuing and the size of settlement that you are entitled to.

Fault Finding
The first method of categorizing personal injury cases is through analyzing the reason for the injury. Some personal injury cases are called intentional tortes, which are those that are the result of willful actions imparted on the victim. Strict liability tortes are another type of personal injury case that is the result of a defective product. Finally, negligence is the most common torte used in personal injury cases, and this one involves the infliction of injury due to the failure to prevent an accident from occurring. In most cases, these personal injury cases are brought against and individual or company by the victim, but if the victim is a minor or has died, the case can be brought by a third party on the victim’s behalf.

Reasons for Filing

There are many reasons besides an automobile accident for filing a personal injury case. The injury may take place on the job, through exposure to dangerous toxins or an unsafe work environment that might cause a serious fall. It could occur on a neighbor’s property with a dog bite by the next door neighbor’s pet or a slip and fall on the sidewalk in front of his house. Personal injury could also be caused by a defective product, medical malpractice or nursing home abuses.

What is at Stake

If you decide to file a personal injury claim, there are two factors that must be considered. The first is the damages that describe the extent of the injury or loss. Damages can incorporate the medical, physical, emotional and mental pain and suffering that is incurred from the injury, as well as loss of income, schooling and training. In addition to determining the extent of damages that were incurred as a result of the accident, liability is another consideration to make. Liability involves the extent of responsibility that has contributed to the victim’s injuries. More liability may mean a bigger settlement.

By understanding the different types of personal injury cases, a victim learns that he has many choices and much versatility in the area of personal injury. However, that also means that this area of law can get confusing for the average person who has been injured through no fault of his own. That is why an experienced personal injury lawyer is invaluable in helping a victim seek a fair settlement and get the compensation he deserves.

Disclaimer: This article provided by the law office of Frank Eidson of Orlando, FL

Personal Injury Law

Personal injury law is an area of law that aims to protect citizens against the negligence of others. Covering a wide range of claim subjects�from whiplash to medical negligence, personal injury law guides people through the process of claiming financial compensation for injuries received through the actions or neglect of other people. Once an expensive exercise for those wishing to pursue such claims, personal injury law in the UK now operates on a �no win no fee� basis, making it accessible to anyone eligible to claim compensation for personal injury.

Until the late 1990s, anyone who wanted to make a claim relating to personal injury law in the UK either had to pay expensive legal fees or seek help through the means-tested Legal Aid (now Public Funding) system. The funding of Legal Aid, in turn, proved expensive for the government. With the advent of the Conditional Fee Agreement (CFA) in 1998 the law changed, allowing for claims on a �no win no fee� basis. Under personal injury law in England and Wales, anyone eligible to claim compensation need no longer be deterred by the fear of legal fees associated with the claim. Scotland�s law differs although the �no win no fee� concept is also practised there to some extent.

In order for you to make a personal injury law claim for damages on a �no win no fee� basis in the UK, both you and your solicitor will be required to agree to the terms of the CFA. Most solicitors use a standard document produced by the Law Society of England and Wales which confirms that, if the case is lost, the solicitor will not charge the claimant with any costs. There may be bills such as witness charges and medical fees, but insurance cover is available for this and should be discussed with your solicitor. As the claimant, you will be required by the agreement to co-operate with your solicitor and to provide clear instructions in relation to your personal injury law claim.

Taking the best case scenario first, if your claim proceeds to a straightforward settlement in your favour, the other party�s insurer will pay your legal fees. If you have paid any fees during the case, such as witness fees, these will be reimbursed. Most personal injury law firms will ensure that you receive your compensation in full, without a percentage being deducted for fees. If you are told some of the compensation you receive will be deducted, you may like to consider discussing options with other personal injury law firms before making a commitment.

If your claim does not succeed, you still do not have to pay legal costs. Personal injury law ensures that these costs are met by insurance. There may be disbursements such as witness fees and, in the worst case scenario, defence costs if your case is lost at trial, but your solicitor can help you to insure yourself against such possibilities before your claim gets under way.

With the no win no fee agreement, therefore, personal injury law ensures that people who have suffered injury through no fault of their own are able to seek financial compensation without fear of legal costs. As long as the accident was not your fault you are eligible to claim compensation and should contact a personal injury law firm. Even if you are not sure about the issue of fault it is worth consulting a solicitor or filling in an online claim form for a free assessment of your case. Before making a commitment to pursuing your claim, remember to check that the no win no fee agreement will apply, that you will receive your full 100 percent compensation if you win and that in the event of a loss incurring payment of fees or costs, you will be covered by insurance.

Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with http://www.accidentconsult.com/articles/showarticles/PersonalInjuryArticles/3/PersonalInjuryLaw.html Personal Injury compensation claims.

————

Additional Personal Injury Information for Consumers

Getting What Is Due To You

Experiencing a personal injury can be a very stressful, and sometimes life changing, event in a person’s life. The unpredictable nature of such accidents means that victims are often completely unprepared for the consequences of such an injury, both mentally and financially. This is where personal claims companies can help, as they work on your behalf to gain an appropriate amount of compensation for the inconvenience and trouble the injury causes. The impact of a personal injury spans across both your work and your personal life, which can make them very frustrating and hard to deal with. An injury which stops a labourer, for example a bricklayer, from going into work means they will not be paid during the time they are off. If the injured person is trying to support a family, this can cause them a great amount of emotional and financial strain; it can get to the point where a family might not know where their next meal is coming from.

As a UK citizen it is your civil right to claim for compensation benefits if you are injured through no fault of your own; for example, if you are walking along the street and you trip over a cracked paving stone, or you slip over a wet patch of floor in a restaurant, and even accidents on the road are covered by personal injury companies. When making a claim, some clients are put off by a number of factors, including the length of time it will take for the compensation to be processed/paid, the large fees involved to pay the lawyers working for you, and the simple fact that many injury victims feel they have no case for claiming back the compensation in the first place.

As a result of this, many lawyers are able to offer their services on a ‘no win, no fee’ basis, which means that the client need only pay the lawyer for their help if they win the case and are entitled to money from the guilty party. This does, however, mean that lawyers are only likely to take on cases whereby they are sure they will receive compensation. Whilst lawyers will be very careful in picking and choosing their clients, it is important that clients ‘shop around’ as well. Many companies offer a free consultation service, whereby the lawyer will assess the case free of charge and instruct the injured party as to whether they have available case to pursue. Once this is clarified, the client can then take their time to look around at different companies and see which ones will tyro to secure them the best possible payout, whilst taking as little a cut from their money as possible. It is worth noting that in cases where the client is successful, the lawyers will nearly always take their percentage from the other side anyway, leaving the agreed compensation amount untouched and able to be collected by the client in its entirety. The amount of compensation given is likely to include any lost income due to the injury preventing the client fulfilling their employment, and in some case ‘damages’ are awarded, if the client is permanently injured or has endured significant amounts of stress and unhappiness as a result of the injury.

Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with Accident Claims.