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Understanding Personal Injury

The legal term for the wrong or damage cause to a personís body, mind and emotions is called personal injury. The term is used to differentiate this type of injury or damage from injury to oneís property. There are various situations that can give rise to personal injury. Negligence of another like an employer, a producer and the like can result in personal injury. For example, if an employee is injured in the course of his work because he was given a faulty tool by his employer, the employee can file for personal injury. The injury is caused by the negligence of the employer. A producer can also be sued for personal injury if his products caused injury to the consumer. Personal injury can also arise due to defamation, character assassination and the likes. Such acts can cause some emotional and psychological injury to a person. Based on the above some of the incidences that can give rise to personal injury claims are

  • Accidents at work.
  • Road Accidents
  • Tripping Accidents
  • Accidents in the home
  • Assault Claims
  • Holiday accidents
  • Product Defect
  • Medical negligence
  • Occupational deafness

The above do not exhaust the list. In fact, there are a number of issues that can be included under this umbrella.

In the personal injury claims, the complainant or the plaintiff alleged that injury he or she sustained is caused by the negligence of the accused. If the accuser is able to prove before the court that his or her injury is caused by the accused, the accused may be asked by the court to pay some monetary compensation to the complainant. Personal injury case can be a complex one. It may be require that the accuser gets a lawyer that will represent him or her before the court. Some attorney charges the accuser some percentage of the compensation should they win the case.

There are rules guiding personal injury in various nations. In Wales and England, if a person wants to file for personal injury claim, the person must bring the case to the court within three years of the occurrence of the incidence that gives rise to the injury. If the person fails to meet up with the requirement of this limitation rules, the case will not be heard by the court. This means that the person has lost his right to sue for compensation. However, there are some exceptions to this rule. Any injured person who is under the age of 21 when the injury occurs can start court proceedings on the matter a day before he or she turns 21 years of age. Cases of industry deafness are also exempt from the limitation rules. In such a case, the injured person is allowed to start court proceedings on the case from the time he or she discovered the problem. This means that the three year period will start counting from that time he is aware of his or her conditions. However, the limitation rule can also be extended or waived completed by the court if it thinks it right.

What to do if you have personal injury

If you have any personal injury caused by the negligence of the other and you will like to file for compensation, there are certain actions that you should take immediately the injury occurs in order to make it easy for you to win the case. The action to be taken depends on the nature or the type of injury that you sustain. Some of the things that you should do are:

  • If the injury is caused by road accidents, it will be nice for you to inform the police about the accidents.
  • Take the photograph of the accidents
  • Let your insurance company know about it
  • Visit your doctor for treatment. However, you should ensure that the doctor keep record of your case, the injury you sustain, the implication of the injury to your health and how the injury will affect your physical ability.
  • If the injury is caused by the negligence of a producer or medical negligence, you need to report to the appropriate body that is in charge of the sector for record purpose.

These are some of the actions that you should take. These actions may be useful to you in the court. They can be used as evidence to prove that the injury was actually caused by the negligence of the accused. It will also help to determine the amount of monetary compensation to be paid to you.

Hiring a legal aid

The complainant is allowed to hire an attorney to represent him or her in the court since personal injury claim is a legal issue. However, there are laws guiding this and this depends on your nation. In England for example, an injured person can hire a legal aid using what is known as ďno win, no feeĒ agreement. This is a special agreement between the plaintiff and the law firm representing him or her in the court. In this agreement, the injured person can only pay the law firm if he or she is successful in the case. The law firm will not be charging the injured person any money if the case is lost by the injured person.

Compensation for personal injury

There is no stipulated amount for compensation. What determines the amount for the compensation is the severity of the damage caused to the person. Some injuries are more painful and have serious effect than others. There are some injuries that can incapacitate a person for life. Such injuries attract huge amount of monetary compensation. Examples of such injuries are broken bones that lead to amputation, brain damage, damages to spinal cord and the likes. Minor injury will be compensated with smaller amount of money.

Another factor that will affect the compensation is the effect of the injury to the injured personís life. An injury that makes a person unable to work for life will definitely attract higher compensation than an injury than affect a personís life for few years.

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