subject: Personal Injury Claim [print this page] A personal injury is any injury to a persons mind, body, or emotions. This differentiates personal injury from damage done to property. This term is most commonly applied in tort law when a plaintiff claims that their injury was caused by the negligence of another. If the negligence of the accused party can be proven, the plaintiff may be entitled to monetary compensation. Personal injury law is the set of laws that govern any claims that are made by one party against another. Personal injury claims are a type of tort lawsuit.
Some of the more typical types of personal injury claims include accidents at work, road traffic accidents, accidents at home, assault claims, and defective product accidents. Personal injury also applies to medical and dental accidents and industrial disease cases (mesothelioma, asbestosis).
Some The UK has its own unique set of laws pertaining to a personal injury claim that sets it apart from other western democracies, notably the United States. In the United States the system of tort law regarding a personal injury claim is complex and controversial. This is because attorneys usually work on a contingency basis, which means that the attorney only gets paid if he/she wins some compensation for the plaintiff. While working on a contingency basis is also used in the UK, although to a lesser extent, the big difference is in who pays the legal expense of the defendant. If the plaintiff loses their lawsuit in the United States the defendant is still responsible for their own legal expenses. If this situation occurred in the UK the plaintiff would be responsible for the defendant's legal expenses. This is an important differentiation because it strongly affects the decision of a plaintiff when considering whether or not to file a claim. Critics of the U.S. system argue that it encourages frivolous lawsuit because the plaintiff has nothing to lose. Furthermore, the U.S. system unjustly punishes innocent defendants by burdening them with legal expenses when they have in fact done no harm.
Some The term used to describe the agreement between the law firm and their client is no win/no fee. It refers to the fact that if the attorney loses the case the client will not have to pay any legal fees. However under the no win/no fee agreement the attorney is entitled to an extra fee if they do in fact win the case. In the UK this fee is by law limited to 100% of their standard fee.
Some Limitation rules regarding personal injury claims in the UK say that court proceeding must begin within three years of the date of the accident. The claimant may lose the right to file a claim if he/she fails to abide by this rule. Persons under the age of 18 have until the day before their 21st birthday to file a claim. The courts have the discretion to extend or waive this right as they see fit.
Personal Injury Claim
By: sam
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