Personal Injuries

What are Personal Injuries?

Personal injury is an area of law that involves filing a claim to receive compensation for accidents and injuries to an individual caused by negligent, reckless or malicious actions of another individual or organization resulting in physical or emotional harm, pain, and suffering. 

What are the different types of Personal Injuries?

The different types of personal injuries include:

• Road traffic accidents
• Work-related accidents
• Tripping injuries
• Assault-related injuries
• Product defect-related injuries
• Medical negligence 
• Occupational diseases
• Injuries resulting from exposure to chemical or toxic substances

When can compensation be claimed in cases of Personal Injury?

Compensation may be claimed against a party when it is proved that:

• The party was duty-bound to act in a manner that could have prevented the personal injury.
• There was a breach of duty by the party that resulted in the personal injury.
• There was demonstratable physical or emotional damage as a result of breach of duty.

What does compensation cover for personal injuries?

Compensation may cover medical bills, future medical expenses, physical therapy, home care and any other expenses that can help the individual return to routine activities. 

What factors affect the level of compensation? 

The level of compensation may be affected by the nature and severity of the injury, the expenses to the individual as consequence of the injury, any pre-existing medical conditions, and the testimony of an expert witness. 

Settlement Process in Personal Injuries

A large percentage of personal injury claims are settled out of court.  The settlement process involves filing appropriate paperwork in the state where the injury occurred, negotiations by the lawyer representing the injured party with the insurance company for a compensation that is agreeable to both parties. Once an agreement is reached, the responsible party may include provisions in the agreement to prevent any further actions being pursued in the case. If the negotiations fail, the matter may be taken to court, and judgment will be rendered by the court after the arguments of both parties are heard.