Personal Injury – Law
What is Personal Injury?
This is a legal term that is used to refer to lawsuits that allege that the injury of the plaintiff has risen as a result of the other party’s negligence. The injury in question can be to the mind, emotion or body.
The personal injury claim is aimed at receiving an amount in lieu as compensation for the alleged injury. The amount to be received as compensation depends on how serious the injury is. Physical pain such as a broken bone, brain damage etc. has the tendency of attracting high compensation.
Compensation can also be received by an injured person who losses the capability of doing a job that was enjoyed prior to the injury. Such a person receives compensation under “loss of congenial employment claim”.
Who can file a personal injury claim?
Anyone who has had an accident that resulted into a physical or emotional injury has a right to file a claim. He or she will have to prove that the injury is as a result of the negligence of the person who is being sued. Examples of such accidents include
– Injury received at work. This encompasses all work related disease such as a disease that comes from working with chemicals.
– Psychological illness that can be attributed to stress received at work.
– Injury that was received due to a faulty service or damaged goods.
– Injury caused by medical mistakes in the hospital. These include wrong vaccination or treating a wrong disease.
– Injury that arose from racial discrimination at work.
When to file a personal injury claim
The best time to file a personal injury claim is immediately the injury is noticed/ occurs. It is advisable to seek legal advice immediately. In England, Wales, United States and most places, the time limit to file a case is three years to the occurrence of the accident. A minor who has suffered an injury will wait until he or she is 21 years of age before the case can begin.
There are exceptions to the 3 year limit in some cases; these include situations where the injured person’s injury does not begin immediately such as deafness caused as an industries worker. The 3 years limit will take effect from the time the injured is aware of his/her injury.
How to file a Personal injury claim
The first thing is to gather all information about the accident in question. Afterwards, you consult with an attorney to help claim that which is rightfully yours. Visit our website fort worth personal injury lawyer for more help.