Important Views of Personal Injury Claims
By: Vikas Gupta | Posted: 26th March 2012
Personal injury claims can include much emotional distress and as a result of a life changing circumstances. Ensuring that you receive everything you are entitled to is the job of your lawyer and they can handle every aspect of your case from analyzing your entitlement to dealing with the insurance company and negotiating your final settlement. Like other personal injury cases, defective product claims involve complex issues and can take so much time to be resolved. Careful examination of documents is at times needed and the preservation of evidence is crucial. There are different time limits within which you must begin legal action in a personal injury claim. You should therefore get legal advice urgently if you wish to claim compensation. The most common claim in a personal injury case is negligence and the time limit for this is three years. This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury.
Injuries are integral part of work. But care should be taken by the employee and the employer to keep such incidences to the minimum. Any negligence on part of the company due to faulty work environment, leading to serious personal injuries can be filed as compensation claims against the company.
* Any physical injury sustained during the work due to excessive stress and faulty work condition.
* Any physical injury sustained due to negligence on part of the company. E.g. Faulty safety equipments and faulty work equipments leading to broken body parts, loss of hearing or sights, etc.
* Psychological problem due to excessive stress or harassment. E.g. Depression
* Contracting any disease due to unhealthy work environment. E.g. Poisoning though fumes or metals or through any biological substance.
* Physical injury sustained during transportation in form of accident. E.g. Car accidents, motorcycle accidents, etc.
* Medical malpractice or medical negligence during surgery or administration of drugs.
* Death due to any of the above reasons.
Types of personal injuries
* Injuries of the head and spine
The injuries to head and the spine are the most common kind of personal injuries seen at workplaces. These injuries can be very serious and need immediate attention no matter how minor they might seem.
This includes injuries to neck and back due to uncomfortable working position. Workers are manufacturing units and desk bound jobs often face such injuries.
* Injuries due to negligence
Often accidents at construction sites and industrial sites occur due to negligence on part of the worker or the management. Faulty equipments and accident prone environment can lead to accidents.
Overlooking the emission of dangerous fumes and possible harmful substances are major threat and can often lead to irreparable damages to the body. The company should provide proper safety equipments to handle the same.
* Accidents during transport
Compensation cannot only be claimed for on-site accidents, but for off-site accidents too which might have occurred when on duty. This might include car accident, truck accident and any other sort of vehicular accident.
* Medical malpractice
Personal injuries or death occurring due to negligence on part of a medical practitioner, who is registered with the company, is claimable.
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation torts.Personal injury law is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses. Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages.
Personal injury law is extremely complicated and the subject of much debate. There are many critics actively seeking tort reform in an effort to decrease these types of lawsuits, as well as the amount of damages that may be recovered and the contingency fees attorneys may charge.
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