Personal Injury is a term that is most often heard in relation to personal accident claims where the damage has been done to a human being, as opposed to damage done to property. It includes bodily harm and also emotional, mental damage. If a person is suffering from a mental condition as a result of an accident, that person has the right to file a personal injury claim.
The cause of the accident is what determines who is liable for the injury and hence who has to settle the claim. It can also backfire where the claimant gets no settlement at all. This happens when the case is either overturned or ruled in favor of the other party.
Work place related claims are most often directed at the owners of the office. If there is an area in the office that is in a hazardous condition (broken staircase, exposed metal works, electrical wires, etc.) — it is the responsibility of the owners to conduct repairs. If a worker suffers an injury from an accident in this area, there can be a claim against the ‘negligence’ on the part of the office owners. When working conditions are hazardous, things become even more complicated and the owners are required to stock enough protective gear and have enough emergency damage control measures in place to avoid liability.
Traffic injury claims are usually directed against vehicle operators. This is when a person has been involved in an accident that involves some form of a vehicle that is considered to be part of the road traffic. This can include everything from bicycles, small cars to large freight trucks. The claimant may be another vehicle operator or a pedestrian. But there has to be some form of traffic involved for it to become a traffic injury.
Another common form of personal injury claim stems from medical and dental injuries. This claim is usually filed against a specific medical practitioner or a medical institution such as a hospital or a nursing home. Medical malpractice cases would fall under this category.
In the US, a large number of these cases are filed every month and the laws governing these cases are extremely complex and vary by state. There are also federal laws that come into effect when the case is filed in a federal court or the federal government is involved.
The complexity of the laws makes it important to have a personal injury attorney or lawyer at hand. Since compensations are usually monetary, lawyers will often agree to work for a percentage of the settlement that the claimant receives.
For a successful claim, the lawyer has to prove that the other party is guilty of negligence and that is what caused the accident. In cases where there is an insurance claim involving a domestic or another kind of accident where there was no one else involved, it has to be proved that the damage caused is real bonafide. Also, it has to be proved that the damage was accidental and not self-inflicted.
