An Introduction To Personal Injury Litigation

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Personal Injury Litigation(more commonly known as PI) encompasses claims in relation

to injury to the body, mind or emotions arising from incidents which occur because a potential defendant has breached their duty of care to a claimant.

The most common types of personal injury claims arise from road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents, clinical negligence and industrial disease.

Clinical Negligence incorporates medical and dental negligence, which leads to numerous claims every year.

Industrial disease encompasses conditions arising from exposure to unsafe work practices and harmful hazards, such as exposure to asbestos, high noise levels, repetitive work procedures and equipment with high vibration levels. Some of the most common ailments arising from this exposure are: asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.
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In order to pursue a personal injury claim, a claimant is required to bring a case within three years from the date of the alleged breach of duty/care.

The Limitation Act 1980 governs the time limit within which a claim for damages for personal injury can be brought. Under section 11(4) of the of the Act, the time limit is set at three years from the date on which the cause of action 'accrued', i.e. three years from the date the damage was done.

An exception to this rule is when a claimant may not be aware that the injuries/illness he/she suffered from resulted from negligence until after this three year period. In these cases should it be established that the Claimant did not have and could not reasonably have had knowledge of injury or its cause earlier, the Limitation Act provides that the limitation period commences from the date the Claimant gained the knowledge ('"date of knowledge"') that their condition resulted from an earlier act of negligence.

Therefore, in exception circumstances it may be possible to bring an action more than three years after the injury itself. For example someone suffers chest problems in the workplace but could not reasonably be expected to have known these problems were caused by negligent working conditions for a number of years, he may still be in time to bring a claim.
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Many claimants are reluctant to pursue a personal injury claims for the simple reason they are concerned they will be unable to fund the action. The vast majority of claimants in personal injury cases are now funded by way of a Conditional Fee Agreement (a 'no win no fee agreement') that we now see regularly advertised on television today.

A conditional fee agreement safeguards a potential personal injury claimant from incurring costs on a case that may potentially face difficulties. By providing such agreements, personal injury firms around the country are increasing 'injured persons' access to justice ,helping them to recover their rightful compensation at no costs to the claimants themselves, with the Solicitors and insurers liable for the costs of failed cases.

It is advisable that if someone has been the victim of a negligent act or omission by a third party, that they consult a solicitor as soon as is practicably possible in order to gain valuable advice whilst the incident is still fresh in their mind and to allow valuable evidence to be gathered whilst still available.

by: Olwyn Kinsey

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