An Overview on Personal Injury Cases

Personal injury is a legal term that is used to describe an injury to the body, mind, or emotion to an individual, which is in contrast to an injury to personal property of an individual. This is a term that is often used to refer to a specific lawsuit in which there is a breach of civil duty by someone else. The cause of a personal injury lawsuit is due to the plaintiff describing an injury caused by the negligence of another individual.

There are a variety of types of personal injury claims. The most common type of personal injury lawsuit that goes to court is an injury claim due to some type of road traffic accident, accident at work, tripping accidents, assault claims, accidents in the home, product defects, and holiday accidents. Also included under the term personal injury are incidents that occur in the medical or dental fields. This inclusion has lead to an increased number of medical negligence claims over the last few years. Another facet of personal injury are industrial disease cases, which include asbestosis and mesothelioma, as well as others. These too have lead to an increased number of cases and are also responsible for the personal injury lawyer advertisements always seen on television.

Personal injury lawsuits can be especially lucrative for the injured party. If the negligence of another party can be proved, the injured party is often awarded a monetary compensation from the negligent party. This is a type of lawsuit that has come under scrutiny in the United States because the system for determining whether the party is guilty or not has become increasingly complex and controversial. In most cases, the hired attorney works on a “contingency basis”, meaning the fee paid to the attorney is based on the amount of compensation awarded to the plaintiff at the end of the case. Because of the complexity of these cases, it is often essential to have an attorney represent the plaintiff if the plaintiff intends to win the case. An example of this is a medical malpractice case, which can become very complicated for an individual not well versed in these types of trials.

With personal injury cases there is often a structured settlement desired by the injury victim in order to cover the financial costs of the injury. These structured settlements also provide injury victims with tax benefits and enable proper financial planning for future needs of the individual who was injured so that they can continue their life in a normal fashion.

The caveat with this settlement is often the settlement amount exceeds the costs of the injury and often be an exorbitant amount of money that some may not be able to afford. This type of compensation is paid to the plaintiff due to the changes the accident has affected his or her life. Similar to this is a loss of congenial employment in which the person is compensated if there has been an inability to do work that was previously enjoyed due to the injuries that occurred.

If you need personal advice regarding personal injury law, contact local personal injury lawyers for professional advice or to discuss the potential of taking a case to court and the possbility of receiving a settlement.
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