Personal injury is a legal term that is used to describe any form of injury that occurs to a person, including physical harm as well as any harm done on an emotional or mental scale. However, the usage of the term has been used to refer to tort lawsuits where the plaintiff accuses the defendant of being responsible for an injury due to negligence.
What are Common Types of Personal Injury?
Because personal injury can occur in a variety of ways, there are various types of personal injuries. The most common types will probe to be motor vehicle accidents, accidents at the work place, accidents at the home, accidents as a result of defective products, and injuries caused by assault.
Medical accidents are also included in personal injury, such as those of medical negligence. Instances that revolve around the development of certain medical conditions or diseases, such as in the case of mesothelioma and asbestosis as a result of asbestos exposure, are also considered to be under the personal injury category.
What are the Legal Ramifications of Personal Injury?
In many cases, those that suffer a personal injury may often times be eligible for compensation. If the injured party can prove that the defendant was at fault for causing the injury, either directly or indirectly—such as the case with negligence—then the injured party may be rewarded financial compensation by the courts.
Personal injury law in the United States can prove to be quite complex and extensive, and thus, most personal injury cases will require the assistance of a skilled and experienced personal injury lawyer.
This consideration will often times become crucial in more complex situations, such as those involving medical negligence or medical malpractice lawsuits. Aside from possibly being awarded financial compensation due to the injuries suffered, the plaintiff can often times also be compensated in terms of how the injuries have affected and possibly altered his/her life.
An example may be where a person suffers an injury which will prevent them from continuing their particular profession or career, and thus, causing for the loss of wages. Compensation may be granted in order to compensate for the loss of time and wages from work. This is referred to as loss of amenity.
Personal Injury Lawyers and Attorneys
In the case that personal injury has been suffered, it is recommended that an individual consult with an experienced personal injury lawyer or attorney to determine the possibility or viability of filing a lawsuit and be eligible for compensation by the courts. Legal advice and representation can often times prove to be an expensive undertaking, thus deterring many from seeking proper legal services.
However, most personal injury lawyers will provide their services for personal injury lawsuits and cases on a contingency basis. This means that the attorney will not charge a fee for his/her services unless the plaintiff earns a ruling in his/her favor.
Even though a contingency fee allows for people to employ the services of personal injury lawyers and attorneys on a more favorable term, the percentage that attorneys may apply can be up to 35% of the total amount awarded to the plaintiff.