A personal injury occurs, when a person is suffering from some form of injury, that can be physical or psychological both, in case of an accident or medical malpractice.
Road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents etc, are the most common type of personal injury claims. There is a multitude of types of an accident too, and the whole term personal injury also attain in it, medical and dental accidents too (these accidents lead to a number of medical and dental negligence claims each year) and due to these injuries, the conditions are often classified as industrial disease cases. Industrial disease type cases include 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 dermatitis, and repetitive strain injury cases.
If the injury is the fault of someone else as in some case of an accident, the person injured can move to the court and ask the court to get the compensation to him from the person who is guilty of the situation. At least in the United States, this system is complex and controversial with critics calling for various forms of tort reform. Attorneys often represent clients on a “contingency basis,” in which the attorney does not take any kind of fees for services until the case is solved.
In England and Wales(UK), under the rules and regulations of the country, an individual brings a claim for compensation for his injury or loss, the court proceedings must be completed within only 3 years from the date of the accident, failing which the claimant will lose the right to bring their claim. In case, if the injured person is under the age of 18 years at the time when the accident occurred, then they have to wait up until the day the person turns 21years on his birthday to finish the proceedings. Legal Aid for personal injury cases was largely abolished in the late 1990s and replaced with a saying that “no win, no fee” arrangements. It means if a person doesn’t win the case then he will not get any type of help. In order to get an aid, he has to win the case.
Structured Settlements in Personal Injury Cases
Mostly, the use of a Structured Settlement is opted by the injury victim to help protect himself financially right after an injury settlement.
These Structured Settlements give the injury victims with tax benefits and allow them to properly Plan their finances for future needs of the injury victim as a result of the injury.
These are the few provisions and benefits given to them so that they can again be financially sound as well as physically sound.This system is quite helpful for the people who are greatly affected by the accidents. The court is immensely helping victims like these, who have been I pain because of someone else’s fault.