Personal Injury in a Legal perspective

Personal Injury Claims A Personal Injury is any injury to a persons mind, body, or emotions. This differentiates personal injury from damage done to property. This term is most commonly applied in tort law when a plaintiff claims that their injury was caused by the negligence of another. If the negligence of the accused party can be proven, the plaintiff may be entitled to monetary compensation. Personal injury law is the set of laws that govern any claims that are made by one party against another. Personal injury claims are a type of tort lawsuit.

Some of the more typical types of personal injury claims include accidents at work, road traffic accidents, accidents at home, assault claims, and defective product accidents. Personal injury also applies to medical and dental accidents and industrial disease cases (mesothelioma, asbestosis).

The UK has its own unique set of laws pertaining to personal injury claims that sets it apart from other western democracies, notably the United States. In the United States the system of tort law regarding personal injury claims is complex and controversial. This is because attorneys usually work on a contingency basis, which means that the attorney only gets paid if he/she wins some compensation for the plaintiff. While working on a contingency basis is also used in the UK, although to a lesser extent, the big difference is in who pays the legal expense of the defendant. If the plaintiff loses their lawsuit in the United States the defendant is still responsible for their own legal expenses. If this situation occurred in the UK the plaintiff would be responsible for the defendant's legal expenses. This is an important differentiation because it strongly affects the decision of a plaintiff when considering whether or not to file a claim. Critics of the U.S. system argue that it encourages frivolous lawsuit because the plaintiff has nothing to lose. Furthermore, the U.S. system unjustly punishes innocent defendants by burdening them with legal expenses when they have in fact done no harm.

The term used to describe the agreement between the law firm and their client is no win/no fee. It refers to the fact that if the attorney loses the case the client will not have to pay any legal fees. However under the no win/no fee agreement the attorney is entitled to an extra fee if they do in fact win the case. In the UK this fee is by law limited to 100% of their standard fee.

Limitation rules regarding personal injury claims in the UK say that court proceeding must begin within three years of the date of the accident. The claimant may lose the right to file a claim if he/she fails to abide by this rule. Persons under the age of 18 have until the day before their 21st birthday to file a claim. The courts have the discretion to extend or waive this right as they see fit.

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Specialists in personal injury claims

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Work Accident Claims and Job Security

Author: Paul Plamer

Accidents can occur anywhere, even at work. What happens if one meets with an accident at workplace? Can people make work accident claims against their employer and also keep their jobs? If the accident causes a serious injury which prevents an employee from working, can he/she take a leave until fully recovered? Such questions are sure to bother anyone who has been involved in an accident at work.

People must not forget that it is the duty of their employer to establish a safe workplace environment and implement preventive measures like protective clothing, training and safety and maintenance of equipments. If any carelessness causes an accident at workplace, it is considered negligence on part of the employer and he/she is liable to face work accident claims filed against him/her.

Job security is the principal concern to anyone who is a victim of workplace accidents. However, one need not worry too much in this aspect. Firing an employee just because he/she has made a work accident claim is legally unjustifiable. Partiality or bias against such employees is also considered unfair.

By filing a work accident claim against an employer, one is not intending to find an alternative to settle personal differences. In fact, a claimant is highlighting the unsafe environment at the workplace which can potentially harm his/her colleagues.

When one suffers an injury at workplace, it is an accident which is not employee’s fault and is easily avoidable. A serious injury could even affect one’s ability to work again. Many people think that employers pay compensation from their pockets and therefore do not file work accident claims. Employers mostly have insurance for such claims which take care of their financial protection in such scenarios.

In a recent case of a work accident, a Chulmleigh based company was fined £85,000 after an employee died as a result of an explosion in their factory. The Extern Crown court expressed its sympathy towards the family of the 40-year-old victim.

The judge was quoted by North Devon Gazette: "This was an appalling tragedy and nothing I can do will put that right. I wish the court had the power to put the clock back and their feelings are at the forefront of my mind. There is nothing the court can do to redress that loss and it would be entirely wrong and impossible to do that by measuring the loss in financial terms.”

The employer pleaded guilty under ‘Health & Safety at Work Act’ and was subsequently fined. The Tiverton based man was welding on a coolant drum when the drum exploded and resulted in his death.

It is essential for people involved in accident at workplace to make work accident claims. One should take help of claims firms who hold expertise in handling such claims and guide victims properly regarding the steps involved in such process. It is an employer’s duty to provide a safe working environment and it is an employee’s right to make work accident claim without fearing that he/she will lose the job.

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Find out how to make a no win no fee claim if you have been injured.

Article Source: ArticlesBase.com - Work Accident Claims and Job Security