Essential Information On Personal Injury Claims

What is a personal Injury?

Every year millions of people are injured in accidents and these accidents can occur at home, in their cars, at work place, or outdoors. Generally these accidents are result of someone else’s fault and in such cases the person who is not at fault has the right to make compensation. The majority of the accidents are the result of road traffic accidents (RTA’s) that make personal injury claims, some of the accidents occur at public place or public highways and few of the in the workplace. Many people suffer from personal injury, but only a few of them actually make a claim. The reason behind this is either they are not aware of their right or those who are aware do not know the process of making a claim. Some of them also say that the reason behind not pursuing a personal injury claim is that they believe their injury is not bad enough, so as to warrant a claim.

Personal Injury Law:

According to personal injury law the person who has been a victim or survivor for death, harm or injury will get compensation. The damage here might be physical damage, emotional, or both. There are various things that are involved in personal injury compensation such as:

• Physical and emotional sufferings.

• Medical bills

• Death of a family person

Types Of Damages:

There are two types of damage that are included in personal injury damage awards and they are compensatory damages and punitive damages.

Compensatory damages are such in which the victim is provided with a sufficient amount of compensation on the basis of what he or she would be if the damage or accident had never occurred. There are two sub classifications of compensatory damages and they are special damages and general damages. These are called as monetary losses and non-monetary losses respectively.

Next, is the Punitive damages and these type of damage are not designed to give compensation to the injured person, but in this case defendant is punished for inflicting the victim’s injuries. Such damages are not awarded in all the personal injury cases. Apart from this these damages are not considered until first type i.e. compensatory damage has been ordered.

Personal Injury Solicitor:

Although, the personal injury law is little bit complicated, but people who are injured in accidents can take help from the personal injury claim solicitors. Lawyers who have years of experience have knowledge and skills and they can guide the injured person in the process of making a claim. There are many solicitors in The United Kingdom who offer free consultations and by consulting them you can know whether you can make a valid claim or not.

In case you are injured in an accident, then you can make have the right to take a legal action to make a claim. You should take advice from a personal injury solicitor who is specialized in these types of cases. It is necessary to contact a solicitor as soon as possible after being injured in an accident as there are certain time limits for making a compensation claim. It would be better if you consult the solicitor in the early stages of your accident or injury.

The solicitor will ask you various questions for the process of making a claim of your case and few of them are as follow:

First is the date of accident, place of accident and time of the accident or injury.

Second is the contact details of the witness present at the time of the accident.

Third is a complete detail of your damages and injury which will include your medical diagnosis as well as treatments.

Fourth is the proof that is required to show the loss in your earnings as a result of your injury.

Fifth the documents those are helpful in making a claim or any evidence and photographs of the accident.

A professional solicitor after analyzing your case can tell you the chances of winning the claim in case if any and the amount of claim in compensation that you can get after making a claim. Before hiring any solicitor you should do a research and check for the past experience and charges of the solicitor as the chances of winning the claim depend indirectly on the solicitors.

Personal Injury Lawyers Are a Must Have When Filing Personal Injury Claims

When a person has experienced an injury due to the negligence of another party it is a very good decision to speak with a lawyer who specializes in personal injury. Personal injury lawyers are available to assist their clients who have been injured as a result of carelessness of another person or business.

These claims often include car accidents, slip and falls, medical malpractice, workplace injuries, and assault. They can also be filed when a consumer product is defective and causes physical injury. In a personal injury claim, a person can seek monetary damages based on the extent of the injury, whether it be physical, emotional or both. Personal injury claims also cover other items such as loss of wages or loss of work due to the injury.

Not every lawyer specializes in personal injury litigation. It is necessary to find a lawyer that specializes in not only personal injury litigation but a specific injury as well. During litigation, the insurance companies will have their own lawyers who are completely knowledgeable in regards to personal injury laws. Therefore it is equally important for the consumer or injured party to have a lawyer who is just as knowledgeable. Experienced lawyers who specialize in a specific injury will be able to use this knowledge and their resources to handle the law suit.

These lawyers will have access to medical experts who will help strengthen the case. They should also have access to legal cases that are similar to yours. Preparing for a personal injury case takes time. You will need a lawyer who is equipped to relieve the burden of waiting by filing the appropriate motions, gathering statements from witnesses, and handle the discovery process.

For all the different types of these injury cases, there are specific lawyers to handle them. Medical malpractice law is a perfect example. This type of law is extremely complicated and very specialized. Therefore, it is essential to find a lawyer that specializes in a specific injury. Spinal Cord Injury and Brain Injury are very complex areas which would require a lawyer who only specializes in these types of injuries.

When a person suffers from an injury as substantial as Brain or Spinal Cord Injury, often times they are not able to work again and need a lifetime of medical care. Sometimes, paralysis is a result of these injuries. The lawyer who represents these cases will need to be able to determine the cause, with the help of a medical expert, in order to prove the case. Not having the right lawyer with the right expertise can result in wasted time and loss of a substantial amount of money.

There are lawyers who specialize in all types of accidents such as slip and fall, car accidents, construction accidents. There are those who specialize only in litigation that involves defective products. When speaking to lawyers, ask questions like: What areas of litigation do they specialize in? Have they previously worked on cases similar to yours? What was the final outcome of those cases? How many cases like yours have they handled?

You will not be able to win a personal injury lawsuit without a qualified and experienced lawyer. Personal injury lawyers are there to provide the expertise and knowledge about the law that a regular person does not have. They will ensure that you are treated fairly and your claim is filed properly. Hiring a lawyer who specializes in your specific injury will alleviate the burdens of preparing for a lawsuit so that you can recover from your injury.

Damages Recoverable in a Personal Injury Jury Trial

Whether you have suffered serious personal injury in an automobile accident, motor vehicle accident, trucking accident, eighteen wheeler accident, motorcycle accident, hit by a drunk driver, injured by a defective product, or by a dangerous premises condition, the goal of any lawsuit is to attempt to compensate the injured party for the damages incurred. Evidence concerning damages in personal injury cases must be thoroughly presented with competent and admissible evidence in order to ensure the injured client is fairly compensated. If you have been seriously injured in an accident, you will need an experienced personal injury trial attorney to properly prepare your case for trial and present the evidence to the Court and jury.

When I try a case in Court, I tell the jury the absolute truth. I tell the jury that my client would rather go back to the day before the accident and have his or her health back, as opposed to any amount of money. Unfortunately, such a request is not possible. Therefore, monetary damages is the only possible way we have to attempt to provide some type of compensation to seriously injured victims for the terrible and tragic damages sustained in accidents which should have not occurred but for the negligence of the wrongful party.

Common types of recoverable damages in personal injury lawsuits include the following:

Past and Future Medical Bills

After a serious accident, the injured victim may need medical treatment from an emergency room hospital, medical doctors, nurses, surgeons, physical therapists, pharmacies, rehabilitation centers, and more. Such medical treatment is expensive.

Tort law allows injured victims who have sustained personal injuries proximately caused by the negligence of another party to recover for their past medical bills if (1) the medical treatment was necessary, and (2) the charges (bills) for the medical treatment were reasonable at the time and place incurred.

Even if you are covered by health insurance, an injured victim is entitled to recover all medical bills paid and incurred (owed). The health insurance company will, in almost all personal injury cases, ask for reimbursement for the monies paid on behalf of the injured victim if the insured recovers for medical bills from a third party. This is called subrogation and without it the cost of health insurance would most likely increase dramatically.

If it can be shown during trial with competent evidence that the injured party will probably need medical treatment in the future due to injuries sustained in the accident, and that such medical treatment is necessary, the injured party is also allowed to ask the jury to award damages for future medical bills. Most of the time, testimony from a healthcare provider will be needed to establish evidence of the necessity of future medical treatment and the anticipated cost of such treatment.

Past Lost Earnings/Wages

Tort law allows an injured party to recover for loss of earnings/wages incurred in the past by the injured party if it can be shown with competent and admissible evidence that the party was unable to work due to injuries sustained in the accident if such injuries were proximately caused by the negligence of another party.

An effective way to prove that the injured party was not able to work due to injuries sustained in the accident is through testimony and records from the injured person’s medical healthcare providers. Establishing the amount of past lost earnings entails offering evidence of the average monthly amount of wages earned prior to the accident and then calculating the wages lost due to the time missed from work by the injured party.

Future Loss of Earning Capacity

An injured party is also allowed to ask the jury to compensate the party for loss of earning capacity damages which will probably occur in the future due to the party’s inability to work in the future as a result of the injuries sustained in the accident. Evidence such as past tax statements to show the person’s past earnings history is often used to predict the amount of earnings that most likely would have been earned by the injured person but were lost due to the injuries sustained in the accident.

It is also extremely helpful to elicit testimony and/or records from the injured party’s medical providers indicating that the injuries are permanent in nature and will most likely prevent the party from returning to their previous employment or in serious cases, any employment.

Past and Future Pain and Suffering

Tort law allows an injured party to recover pain and suffering damages endured by the party from personal injury sustained in the past, and which will probably occur in the future, if caused by the negligence of a another party.

An effective way to present pain and suffering evidence in Court is through the use of the injured party’s medical records and/or testimony by the party’s medical providers. Each time the injured party goes to a medical doctor or healthcare provided for treatment, the type, location, and severity of the pain is usually documented in the medical records. If the injured party sits at home hurt and does not go to the doctor for necessary medical care, not only does that person fail to receive the medical treatment that is needed for their health, no medical records are generated to document that person’s injuries and pain and suffering.

The jury determines the amount of monetary damages that would fairly compensate an injured party for pain and suffering. The jury could choose to award $5,000, $50,000, or $5,000,000. Each case is different because the circumstances surrounding an injured party’s pain and suffering is unique.

Past and Future Mental Anguish

Tort law clearly allows an injured party to be fairly compensated for past and future mental anguish damages. A person who has sustained serious bodily injury as a result of an accident, such as an automobile accident, typically also suffers some form of mental anguish including depression, stress, nightmares, anxiety, sleep disturbances and post traumatic stress disorder.

In order to be compensated fairly for mental anguish damages, competent and admissible evidence should be presented to the Court concerning the type, severity, and duration of such damages. It should also be shown that the injured party’s normal life was significantly disturbed due to the mental anguish sustained as a result of the accident.

The amount of monetary damages for mental anguish differs for each case and is determined by the jury based on all evidence presented during trial.

Past and Future Physical Impairment

Physical impairment can be defined as activities that a person enjoyed participating in that the injured victim can no longer enjoy due to the injuries sustained in an accident. Examples of such activities may include walking, running, biking, playing sports, cooking, going out to the movies, driving, as well as others.

Tort law is absolutely clear that a party who has suffered injury which has caused physical impairment may be compensated for such damages by the jury. The jury may also award damages for future physical impairment if it shown that such impairment will probably occur in the future.

The amount of damages to fairly compensate an injured party for past and future physical impairment is determined by the jury and differs on a case by case basis.

Physical Disfigurement

Many times serious accidents cause permanent physical disfigurement to the victim. Such disfigurement can be the result of severe scars, loss of limbs, and burns. Tort law allows the personal injury victim to recover monetary damages for physical disfigurement. The amount of the recovery is determined by the jury based on an amount that the jury believes would fairly compensate the victim for such disfigurement based on the evidence presented at trial.

Loss of Consortium, Comfort, Love & Society, and Services

Did you know that the spouse of a seriously injured party can also be a party to a personal injury lawsuit and ask for reasonable and fair compensation for loss of consortium, comfort, love and society caused by the injuries sustained by the injured party? In many cases, serious injuries cause a serious strain on marriages. Wrongful death cases usually result in severe loss of consortium damages. Furthermore, seriously injured spouses are unable to provide the type of love, support, comfort and services that were provided prior to the injuries sustained in an accident. The Supreme Court of Texas recognizes this type of damage and allows a jury to compensate injured parties with monetary damages for loss of consortium comfort, love & society, and services in personal injury and wrongful death lawsuits.