State and Nature of Claims under the Personal Injury Law

Responsible drivers does plenty of precautionary measures like car servicing and check up in order to ensure that their cars will be performing effectively while on the road. Neglect of such measures can be the reasons why there are road accidents. While accidents cannot be avoided even though you yourself have religiously done preventive maintenance, still there are others who just fail to be always on the safe side. Any injury obtained through this condition is considered as personal injury.
Other personal injury claims aside from road traffic accidents are:

• Accidents at work – example of this is falling from a construction building
• Tripping accidents – example is tripping on cables that are recklessly left off
• Accidents in the home – which is due to poor construction standard, the liability will fall on the contractor.
• Assaults – those harm done to domestic helpers is the best example
• Product liability – accidents resulting from use or intake of a product
• Holiday accidents – cases such as falling on a
• Medical accidents – medical malpractices
• Dental Accidents – dental practices
• Industrial accidents – as leaks in the factories resulting in health hazard

In these cases if the negligence of the other party is proven, the injured party has an entitlement of compensation mostly monetary. Attorneys representing the injured party will be paid a fee based on the client’s concluding compensation. This is what they call payment through contingency basis.

In England they have a Conditional Fee Agreement. This is between the client and the law firm. This is in consideration of an unsuccessful case where the client is not bound to pay the attorney’s fee. Simply put it is a “No win no fee” agreement. Conversely if the lawyer wins in the case, he or the law firm is eligible to get their standard legal fee plus the success fee computed as not greater than 100% of the standard lawyer’s fee. That will result to almost 200% of the original lawyer’s fee.
It should be noted that the compensation of a personal injury is predominantly dependent on the extent of the injury. This means that the greater the physical pain and suffering of the injured party, the higher will be the settlement.

An injured party can also claim loss of congenial employment in additional to other claims and is entitled for a just compensation there too.

Normally some cases cannot reach the inside part of a courtroom because settlement has been agreed by both parties. This is known as off-court settlement. However, in this case of personal injury, the settlement will follow a structured settlement set-up such that the injured victim has the protection for his financial needs in the days ahead.