Family Law Solicitors | Filing for Divorce in UK
As the word suggests, Personal Injury is a term that describes an injury caused to the body or personal self and not to something material. It is a term commonly used when a plaintiff issue, a legal lawsuit against someone stating that personal injury has been caused to him due to the other’s negligence. The injury can be of any type, but not to property or any material element.
There are different types of personal injuries that exist. The common ones are road traffic accidents, domestic accidents, work place mishaps and healthcare negligence. There are further more categories of personal injuries. Few other rare kinds of personal injuries include work stress, occupational deafness, injury due to excessive workload, ragging aftereffects, etc. The plaintiff can claim monetary compensation for the same.
There is a certain procedure that needs to be followed in order to file a lawsuit in case of a personal injury. In England and Wales a particular personal injury case has to be filed within the time window of 3 years of the date of the accident or event. Personal injury, whether emotional or physical, has to be acknowledged within this time frame. The lawsuit has to be filed within this time period or else it would not be considered at all. Also, if the party who has experienced the personal injury is below 18 years of age then he/she has the right to claim for the personal injury till they turn 21. There is another condition wherein if a person experiences industrial deafness then the case of personal injury will begin from the time he got to know about it.
In England in the early 1990’s legal aid for personal injury was abolished, though this was re- altered by a condition of ‘no win no fee’. According to this if the plaintiff does not win the case then he will not get any monetary compensation. While on the other hand, if the lawyer wins the case then his client gets the compensation amount as well as the lawyer can be rewarded a success fee apart from his regular fee which should not be more than 100% of the lawyer’s standard fee.
The amount of monetary compensation to be received is also decided on the basis of the intensity of the personal injury. For instance a personal injury case of a fracture, severed limbs, ligament tear, brain damage (which cause severe pain and agony) would definitely be entitled to get a higher amount of compensation. Even in the case of a sportsperson who gets a knee or calf injury during the sports season due to another player can claim a high amount of compensation fee to substitute the loss. Whereas if there is a small car accident on the road where the faulty did not intend to do it and the plaintiff gets a few scars which are easily healable then the sum of money he would claim will also be less depending on the situation.
There is another term in the whole concept of personal injury which is termed as ‘loss of congenial employment’. This is a situation wherein, if a person really loved the work he was doing and suddenly due to a personal injury at his work place due to someone else’s negligence he is unable to perform his job. In this situation the employee loses a job that he really enjoys doing (for instance, if a singer loses his voice) due to personal injury. There is also a concept of structured settlement which helps a victim to be financially safe after a personal injury has occurred to him. There are a lot of options made available for a victim to be reassured after a personal injury has occurred to him.
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