You are in: Home > Personal Injury

Personal Injury Litigation

26th March 2010
By Frank Smith in Personal Injury
RSS Legal RSS    Views: N/A

The most prevalent types of personal injury claims include accidents at home and work, accidents on the road, accidents due to defective products, holiday and tripping accidents, as well as assault claims. Both medical and dental accidents are incorporated into the term personal injury. Medical conditions arising from industry are also embraced in the term. Examples of these conditions are asbestosis and mesothelioma, chest diseases which include emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive airways disease and chronic obstructive pulmonary disease; vibration white finger, occupational stress, occupational deafness, contact dermititis, and recurring strain injury.

Medical malpractice is characterized by the negligence of a professional to provide care according to the medical conventional standards which caused the injury or death of a patient. Countries and the jurisdictions within countries have varying standards and rules. It is important for medical professionals to keep professional liability insurance in cases of lawsuits for medical malpractice claims. A doctor is accountable for things like performing cosmetic surgery and prescribing experimental drugs, depending on the circumstances.

How to File a Claim

First, the claimant has to file a claim in a court within a proper jurisdiction. Before a trial is held, both parties are required to collect information significant to the case. A number of actions have to be taken to do this successfully such as asking questions, requesting for important documents and gathering statements. The case may also be settled and negotiated if both parties agree. If they do not reach an agreement, then a trial will be held.


The claimant has to provide evidences to establish his claim. Typically at a trial, both claimant and defendant will stage experts to support each of their sides, concerning standard care and procedural issues. The judge or jury is responsible for evaluating the evidences and deciding which party is more credible.

Afterwards, the judge will form a verdict for the party who wins the case. If the claimant succeeds, the judge will evaluate the damages based on specific parameters. The verdict is then read in the court. It is possible for the other party to appeal for a new trial. There are some jurisdictions which allow an unsatisfied claimant to move for additur. An unsatisfied defendant, on the other hand, may move for remittitur. Either side is given the right to make an appeal.

If the defendant is proven to have engaged in a negligent act, then the injured claim may receive compensation from the convicted. In the U.S, the system is considered complex and divisive. In fact many critics are calling for a reformation of tort. Often the attorney's fee is taken as a percentage of the monetary compensation that the claimant will receive after the case is resolved. This is referred to as "contingency basis." Getting an attorney is very important especially on medical malpractice cases, which are typically complex.

This article does not intend to provide legal advice.

Additional information on personal injury litigation can be found Justice for All Kelly / Uustal to inquire on injury claims over negligent acts. Serving residences in Florida and Fort Lauderdale.
This article is free for republishing
Bookmark and Share

Ask a Question about this Article

powered by Yedda