Often people may wonder exactly what is a personal injury? The term personal injury is a legal term that explains an injury to the mind, body, or emotional makeup of a person. This is obviously different than an injury to a property or item. You will see this term used primarily in Anglo-American jurisdictions as a term that refers to a particular type of tort lawsuit which alleges that a plaintiff’s injury was the result of negligence from someone else. Some of the damages that may ensue with this type of injury are emotional distress, bodily injury, and future hardships.
The majority of personal injury claims come from accidents at work, tripping accidents, traffic accidents, accidents on a cruise ship, product defect accidents, accidents in the home, and accidents during a holiday. Each year there are thousands of claims made throughout North America. Many of these claims are settled out of court between the plaintiff and the defendant while some claims may need to be settled in court. Many of these cases are settled between New York personal injury lawyers and the other major city lawyers. If you are in one of these major cities you should make it your goal to look at a few different lawyers before choosing one.
In many cases the injured party may be entitled to compensation by means of a settlement or judgment. Even though there are many critics in the United States that find this process too complex and controversial we see that it continues to be the same year after year. There are however certain people and organizations who are trying to make the process more fair and organized.
When an attorney represents a client in regards to a personal injury case he will usually represent the client on a contingent fee basis. A contingent fee is based on a percentage of the eventual compensation that the plaintiff receives. This fee will be payable when the case is finally resolved. If the case is unsuccessful then the plaintiff has no responsibility to pay for the attorneys time or costs. The normal fee that an attorney will charge for a contingent fee is 33% if the case is settled out of court and 40% if the case goes to trial. Of course, a plaintiff can negotiate these fees before retaining an attorney.
There are two different categorizations in regards to damages. The first categorization is called general and the other categorization is called special. A special damage categorization is one that can be measured and itemized such as lost earnings, medical expenses, property damage and so forth. A general damage categorization is one where the damages are not as measurable. This type of category includes damages for things such as pain and suffering, emotional distress, or loss of consortium.
Obviously, the amount of compensation that a plaintiff can receive for any personal injury will in most cases depend on the severity of the injury. For example, an injury that causes intense physical pain such as severed limbs, brain damage, or broken bones will receive a higher injury settlement. There may also be additional compensation for any injury that has a lifetime effect. Contacting a qualified attorney who specializes in injury cases is the best way to start any injury claim.