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  • What is Classed As a Personal Injury?

    Broadly speaking there are two types of personal injuries. A personal-injury can be a physical injury, illness, disease, a psychological illness or injury. A physical injury can be a result of a traffic accident, injury at work, injury caused by using faulty goods or services, or an injury caused by tripping and falling. Psychological injury causes stress or discrimination at work or as a victim of a crime. Physical and psychological injury can also result in receiving the wrong treatment in hospital or vaccinations.

    Personal injuries can cause permanent disabilities and death. In the UK, a claim for compensation for personal injury applies for three years of sustaining the injury. In case an eighteen year old receives a personal injury he/she must file a claim before reaching the age of twenty-one.

    The most common type of personal-injury incurs due to traffic accidents. The police records any personal-injury caused due to a traffic accident. In case of a personal accident occurring at the work place, the employer must record the accident in a record log of the organisation, if there is a personal, injury due to use of a faulty appliance. The store from where the appliance must be informed. You must also inform your insurance company of any personal injury that you have sustained. You must also report a personal-injury to your doctor. A personal-injury if not paid heed to, can lead to further complications latter on.

    You must gather all the evidence that you sustain in a injury. Presenting complete evidence will help you in making a claim for compensation. Even if you do not file a claim for compensation it's still advisable to keep the evidence with you.

    Psychological injury is also counted as physical injury. If you are harassed or stressed in your job, abused, or ridiculed by your peers or superiors, these can cause psychological injuries. Psychological injuries are also counted as personal injuries and are compensated for.

    Home accidents also count as physical injuries and you can claim compensation for them. Claim in case of a home accident will depend on the nature of the accident. In case, the injury was caused by poor workmanship or using a faulty appliance, you can claim compensation.

    Personal injury does not necessarily have to be claimed by the victim. A relative of the victim can also file a claim on the victim's behalf. If a person suffers permanent disability or dies due to a personal injury, the spouse or children can claim compensation.

    In UK, personal injury claims are settled on 'no win, no fee' basis. This means if you don't win a personal injury claim, you don't have to pay any legal charges. There are a number of lawyers in UK who deal in personal-injury claims. In case of a personal injury, it's advisable to consult a personal-injury claims lawyer. There are government and social organisations that offer free advice regarding personal injuries and how to file a claim for them.

    Peter Norman is a professional lawyer. You can get advice on injury claim.

    Article Source: https://EzineArticles.com/expert/Peter_Norman/346533



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  • Factors That Can Affect a Personal Injury Verdict

    A personal injury is any emotional anguish or physical harm a person suffers through no fault of their own such as an injury from a faulty product, negligence at work, etc. When filing a lawsuit against the person or company that caused the injury they will hire a personal injury attorney. The person filing the personal injury claim is referred to as the plaintiff. What a person can win in these type of lawsuits depend on a variety of factors. It can depend on the type of injury received, the treatment methods, and the laws of that particular jurisdiction. If the person has any preexisting conditions this could also factor into the verdict.

    The chief factor in determining the verdict of a personal injury lawsuit is the laws in that jurisdiction. Each jurisdiction has different laws in regards to:

    • How fault is determined 
    • How the level of harm is accessed 
    • The type of personal injury it is

    Some jurisdictions even have unique laws when determining the type of evidence that is admissible in court.

    Another important factor is what type of harm the plaintiff has suffered such as physical, mental, or emotional injuries. The cases involving physical injuries are easier to decide the verdict because there are medical records documenting the injury. The person may also have scars from the injury.

    Treatment received is another factor because if the person has been treated multiple times for the injury they have a better chance of winning their case. It is also important that the treatment received is reasonable for the type of injury that the person has suffered. If the treatment the plaintiff claims to have received does not seem to match the injury suffered or the treatment has been stretched by a reasonable length of time the jury or judge may be less likely to believe the person. This can result in the plaintiff not receiving anything for their claim or a lesser amount than they were requesting.

    If the plaintiff has any preexisting conditions they can also affect the verdict. In order for the personal injury lawyer to win the case the plaintiff will usually have to demonstrate that the person or company caused the personal injury they are suing for. If the person already has a medical condition that is similar to the personal injury he is claiming happened it could influence the verdict. One example is if the plaintiff has a preexisting back injury and then files a personal injury lawsuit claiming they hurt their back at work, the jury or judge may think the injury at work made his preexisting condition worse or the pain the plaintiff is feeling is also because of the preexisting medical condition.

    This article is penned by Lora Davis for the personal injury lawyer firm Hamilton & McInnis, L. L. P. Hamilton & McInnis, L. L. P. is a full service law firm committed to providing its clients with aggressive and effective representation. If you are looking for experienced law firms San Diego then look no further. Call Hamilton & McInnis, L. L. P. at 877-850-6624 today.

    Article Source: https://EzineArticles.com/expert/Lora_Davis/2146280



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