Personal Injury Law
About Personal Injury Law
Personal injury law deals with claims for physical or psychological injuries suffered by the victims of accidents. These are most often the result of motor vehicle accidents but can also refer to injuries suffered in boating, aircraft, sporting or slip and fall accidents.
Where the injuries result in death of the victim, the claims are brought by the estate of the deceased and his or her surviving family members.
Understanding the Claims Process
Personal injury claims usually involve two separate issues, "liability" and "assessment of damages". "Liability" refers to the determination of who was at fault for your injuries.
In many cases, the answer to this question is obvious. An example is where one party is clearly at fault for a "rear-ender" motor vehicle accident. In such a case, the insurance company usually "admits liability".
In cases where the liability question is not so easy to answer, it becomes an issue which requires negotiation and, in some cases, trial.
Assessment of Damages
The second issue we deal with in all cases is "assessment of damages" (assessing how much compensation the accident victim is entitled to recover as a result of his or her injuries).
Compensation may be available from the party who caused the injury (or that party's insurance company).
Claims May Include:
- Pain & suffering
- Past income loss (the income you lose as a result of your injuries between the time of injury and the date of settlement)
- Loss of earning capacity (loss of ability to earn future income)
- Cost of future care (the costs of care which you will require for your injuries, following settlement)
- Special damages. (these are out of pocket expenses you have incurred as a result of your injury, for which you claim reimbursement from the party who caused your injury. These expenses could include medical expenses up to the time of settlement, mileage expenses to attend doctors' and therapy appointments, the cost of housekeeping or home maintenance assistance during your recuperation, prescription costs, etc.)
- Court costs - these are intended to reimburse you for some of the expenses incurred by your lawyer in representing you and to provide a contribution to the fees charged by your lawyer.
Conclusion
Most personal injury cases settle out of court for an amount which is agreed to by both sides. In cases where settlement is not possible, a trial may be necessary.
