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Wednesday, June 10, 2009

Personal Injury - Who Pays For The Legal Costs?

By David Halbert

The word 'personal injury' denotes an injury that occurs by someone else's carelessness. It is a legal term and it permits the wounded person to claim for the damage caused by it. Damage can be anything. They can be of the body or even mental and emotional. These claims can be made in court, and procedures are made accordingly.

There are several different types of individual injuries and claims. Personal injuries that are most often claimed by the injured person are concerning road accident injuries. Accidents at the work place, and physical attacks, are also claimable personal injuries. Medicinal claims, as well as dental claims due to negligence, can also be made. Furthermore, people who work in industries where contaminated supplies are released can fall prey to various situations, such as chest conditions, work-related stress, and strain injuries. These injuries can also be claimed.

The person who gets injured of course can claim for personal injury damage, but the question is who pays for personal injury claims? The answer is simple and obvious. The person who shows negligence and is the cause of the personal injury is the one who pays for the claims. Different countries have different criteria for personal injury. In America, it is a bit difficult to understand. Fees of the attorney are some percentage of the claim when the case is won.

In England things are a bit different; you have to present your case within three days after the day of personal injury. If the victim fails to do so, they lose the right of claim after three days. Only a minor has till the age of 21 to claim for their injury. But in every case, a court can give an extension of time to the injured person. In case he does not win the case, he is not charged any fee.

There is one more term, and that is 'structural settlement'. This is a periodical recompense for upcoming needs of the claimant. In the start it was practiced in America only, but nowadays this practice is also carried out in Europe and Australia.

Along with personal injuries, road accident injuries are above all frequently claimed by injured people. According to a survey, almost 62 percent of injured people can claim for their damages. As described earlier, the person who causes injury to the other person is legally responsible to reimburse; if an accident occurs due to deprived road conditions then damages will be covered by the highway authorities. If it happens due to the negligence of a person, then his insurance company will stand the loss. But if it happens because of some walker or bicyclist, then the injured person can not claim for his injuries, as in these two cases it is not required to be insured next to road accidents.

Accidents that occur in a workplace can also be claimed against the company. These accidents mainly occur at construction sites. The supplicant has to prove that this accident occurred because his employer did not give him with a harmless working site. Many employees do not claim for their damages due to a fear of job loss. They should claim bravely, because an employer is officially bound to be insured in order to cover these reparations. - 21396

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