Contrary to the common belief that a personal injury is caused in an accident involving a motor vehicle, it really is any harm caused to the mind or body of the victim by another person. The common reasons cited in a tort lawsuit for claiming personal injury are reckless conduct, intentional misconduct, and gross negligence.
Although the definition for damages may vary according to jurisdiction, they generally include compensation and reimbursement of the following:
- Pain and suffering
- Diminished quality of life
- Medical bills
What Sorts of Lawsuits Are Filed Generally Seeking Personal Injury Damages?
Almost all such lawsuits arise from damages caused to the mind or body from accidents. At the same time, the law includes dental as well as medical accidents which are also termed as medical negligence. There are also industrial disease cases where a person suffers a disease caused due to the working environment or nature of the job.
- Types Of Accidents
- Tripping accidents
- Work accidents
- Product defect accidents
- Road traffic accidents
Examples Of Industrial Diseases
- Peritoneal mesothelioma
- Chest diseases
- Occupational deafness
- Repetitive strain injury
- Vibration white finger
- Contact dermatitis
- Occupational stress
The most common chest diseases for which personal injury damages lawsuits have come up include pneumoconiosis, asthma, chronic bronchitis, emphysema, chronic obstructive airways disease, emphysema and chronic obstructive pulmonary disease.
From out of the above cases eligible for a claim, the most common cases are a toxic tort which means a contaminant illness which may be transmitted through water or air, death, injury and automobile accidents. There is a clause for general damages which are of a non-economical nature. They can be suffering and pain which resulted from the incident like the anxiety after the motor accident. Although there are no financial losses the compensations can often be of a monetary nature.
Since a lawsuit needs to be filed in a court coming under the jurisdiction, it is always advised to proceed through an experienced lawyer. When entrusting a lawyer with your litigation, people may be wondering about the costs and the fee. It would relief to learn that lawyers take up the advocacy of injured plaintiffs on the basis of the contingent fee. In a contingent fee system, a mutually agreed upon percentage from the final compensation will be paid to the lawyer. Depending upon the jurisdiction, this can vary anywhere from 25 to 45 percent. The percentages are different for out of court settlements.
Many victims of injury have faced a situation where the lawyer whom they approached refused to represent them in court. In such a scenario there is nothing to be worried about as you can always find a better lawyer who will represent you.
4 Reasons Why A Personal Injury Lawyer Will Not Take Your Case
- You might have approached a lawyer who was known to you and so you trusted him or her. However, injury damage was not their piece of cake and they wanted you to get represented by a better lawyer who is experienced in damages.
- In some rare instances, the victim may not know who the defendant is. In such situations, the lawyer will be helpless as you need to have a person or entity to sue to claim damages.
- Lack of evidence or difficulty to prove the case. Although you are justified in being aggrieved, the lawyer is convinced that you do not have enough evidence which shall substantiate your claim in a court of law. In that case, the lawyer will be convinced that it is a total waste of time and energy to pursue the case.
- If the maximum compensation which a court can allow for your case is not enough to compensate for the time the lawyer may have to spend on the case, then most lawyers will not be interested in you.
Some Other Common Issues You May Face
- A very valid reason which compels a lawyer from taking up your case may be ‘conflict of interest’. This happens when the defendant has some sort of relationship whether personal or official with the lawyer.
- There are instances when some law firms refused to take up good cases as their reputation may get involved in the news that may follow.
- Immunity of the defendant can prevent the injured party from getting any compensation. In certain circumstances where the government or a wing of the government is the offender and they have immunity as prescribed by law, then a lawyer may refuse to take up the case.
- Questionable injuries of the claimant. If the person has a questionable legal record with respect to injury damages or the medical records pertaining to the injuries can be questioned in court and stand chances that they might have been caused from other situations than mentioned in the suit, then also the lawyer may not take up the case.
- Insurance coverage is a very important factor which may prompt a lawyer to refuse your case. If you do not have sufficient insurance coverage or you failed to renew your policy at the time of occurrence of the incident, then the lawyer may avoid taking up the case.
More Useful Info
When you are involved in personal injury damage litigation, it is relevant to be aware of the time frame taken up by the courts. While considering the time frame you need to be aware of certain factors which need to happen in a certain sequence so that the case proceeds smoothly.
Treatment: The first and foremost thing to be taken care of immediately after an accident is getting medical attention as the medical records play a great role in the outcome of your case.
Choosing the right lawyer. As has been mentioned earlier, an experienced lawyer should be chosen to represent time. So it is worth spending to choose a good lawyer.
In most cases including injury damages, certain things which may seem irrelevant to the untrained mind may have a great impact during the course of the hearing. So it is always best to leave even the minutest of matters to your lawyer.