When we talk about personal injury, we are talking about any kind of injury or harm that happens to one’s person, reputation or good name. Personal injury is also a legal term for any injury, damage or loss to the psyche, body or emotions, rather than an actual physical injury to property. In Anglo-American countries the word is most often used to describe a kind of civil lawsuit in which the individual bringing the suit actually suffers some harm to his/her psyche, body or emotions. The term personal injury can also be used in conjunction with damages or loss, to describe the damage or loss is caused to one’s finances, reputation or insurance.
Any personal injury claim needs to be accompanied by a substantial quantity of evidence, and this evidence generally needs to be medically examined by a qualified medical expert. This medical expert is known as the medical practitioner who will carry out an independent medical examination and come to some conclusions about the cause of the injuries. The findings of the medical practitioner are admissible in court and form the basis of any proceedings under personal injury law. If your personal injury claim is founded on medical evidence, you can ask for a free consultation from the doctor.
Some people are of the opinion that the victims of automobile accidents have little to lose if they accept an out of court settlement. In fact this argument is based on the fact that sometimes the victim is not actually wounded or hurt during the accident. For example, if you get out of the car in a severe traffic accident you may be uninjured. But you certainly will have the effect of a wrecked car that needs expensive repairs. Even if the accident is not your fault, you will have to bear all the cost of the repairs. It is only in cases where personal injury law is implicated that people actually end up having to pay for their own medical treatment.
However, accepting a settlement out of court does not mean that you have no rights. You have the right to file a case involving serious injury or damage to another party’s property or body. In such a case the personal injury lawyers will have to work out a fair settlement amount with the injured party. If the case proceeds to trial then the jury will decide the outcome. It is usual for the jury to prefer a settlement over a trial, but it has never occurred in personal injury law.
Another interesting area of personal injury law deals with the tort system. A tort is a civil and legal process in which one party wrongs another party for an agreed period of time. There can be many different types of torts. They include, personal injury, professional negligence, wrongful death, etc. In cases dealing with personal injuries, the lawyer will try to prove that the other party was the victim of a wrongful act. For instance, if a person falls down and breaks his leg he may make a claim for compensation for the medical expenses and pain he is suffering.
Other areas of personal injury law that are important include the no win no fee claim system. This system allows the victim of a negligent act to claim damages even without having to pay for the services of a lawyer. The lawyer will work out the settlement on behalf of the victim only if the case is won. If the case is not won, then the victim will not have to pay the lawyer.