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Personal injury
 
 
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A personal injury occurs when a person
Person

The term person in common usage means an individual human being. In the fields of law, philosophy, medicine, and others, the term also has specialised context-specific meanings....
 has suffered some form of injury
Injury

Injury or bodily injury is damage or harm caused to the structure or Purpose of the body caused by an outside wiktionary:agent or force, which may be physical or chemical....
, either physical or psychological, as the result of an accident
Accident

An accident is a specific, identifiable, unexpected, unusual and unintended external action which occurs in a particular time and place, without apparent or deliberate cause but with marked effects....
 or medical malpractice
Medical malpractice

Medical malpractice is Professional negligence in English Law by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury to the patient....
.

The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. Indeed, there are a multitude of types of accident and the term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions which are often classified as industrial disease cases.






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Encyclopedia


A personal injury occurs when a person
Person

The term person in common usage means an individual human being. In the fields of law, philosophy, medicine, and others, the term also has specialised context-specific meanings....
 has suffered some form of injury
Injury

Injury or bodily injury is damage or harm caused to the structure or Purpose of the body caused by an outside wiktionary:agent or force, which may be physical or chemical....
, either physical or psychological, as the result of an accident
Accident

An accident is a specific, identifiable, unexpected, unusual and unintended external action which occurs in a particular time and place, without apparent or deliberate cause but with marked effects....
 or medical malpractice
Medical malpractice

Medical malpractice is Professional negligence in English Law by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury to the patient....
.

The most common type of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. Indeed, there are a multitude of types of accident and the term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions which are often classified as industrial disease cases. Industrial disease type cases include asbestosis
Asbestosis

Asbestosis is a chronic Inflammation medical condition affecting the parenchymal Biological tissue of the lungs. It occurs after long-term, heavy exposure to asbestos, e.g....
 and mesothelioma
Mesothelioma

Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos. In this disease, malignant Cell develop in the mesothelium, a protective lining that covers most of the body's internal organs....
, 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 dermititus, and repetitive strain injury cases.

Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation
Damages

In law, damages refer to the money paid or awarded to a claimant , pursuer or plaintiff following a successful claim in a lawsuit....
 from the person whose negligent conduct caused the injury. At least in the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
 this system is complex and controversial with critics calling for various forms of tort reform
Tort reform

Tort reform refers to proposed changes in the civil justice system that would reduce tort litigation or damages. Tort is a system for compensating wrongs and harm done by one party to another's person, property or other protected interests ....
. Attorneys often represent clients on a "contigency basis," in which the attorney does not charge for services until the case is resolved.

In England
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
 and Wales
Wales

native_name = Cymru|conventional_long_name = Wales|common_name = Wales|image_flag = Flag of Wales 2.svg|national_motto = ...
, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring their claim. However, if the injured party was under the age of 18 at the time of the accident, then they have up until the day prior to their 21st birthday to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so. Legal Aid
Legal aid

Most Liberal democracy consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation....
 for personal injury cases was largely abolished in the late 1990s and replaced with "no win, no fee" arrangements.

Structured Settlements in Personal Injury Cases

Often, the use of a structured settlement
Structured settlement

A structured settlement is a financial or insurance arrangement, including periodic payments, that a claimant accepts to resolve a personal injury tort claim or to compromise a statutory periodic payment obligation....
 is desired by the injury victim to help protect them financially after an injury settlement.

Structured settlements provide injury victims with tax benefits and enable proper financial planning for future needs of the injury victim as a result of the injury.

See also

  • Pain and suffering
    Pain and suffering

    Pain and suffering is the legal term for the physical and emotional Stress caused from an injury . Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, Clinical depression or scarring....