Personal Injury Claims

If we are talking on ‘personal injury claim’, then we must explain the jargon first. Personal injury in broader term defines a damage caused to ones body, mind and emotions. In the language of law, the opposite party refers personal injury as a common claim lodged by a plaintiff for any injury on account of negligence. If the negligence on part of the accused party will be proved in the court of law, then the plaintiff is very much entitled for compensation in terms of money. There is a set of well-defined laws governing the different personal injury claims. They are generally made by one of the parties over the other. In general terms the category of lawsuit under which personal injury claim falls include civil wrong doings.

Types of Personal Injury Claims

Here are some of the most common forms of accident claims leading to personal injury claims are often made. They are:

  • · Accidents at home
  • · Accidents at work
  • · Traffic Accident Claims
  • · General Accident & Injury Claims
  • · Defective product accidents
  • · Assault claims
  • · Industrial disease cases such as, mesothelioma, asbestosis and others
  • · Medical and dental accidents

The pattern of UK law constitutes a unique selection of laws related to personal injury claims. In many cases, this pattern of law is absolutely different from that of the law pattern prevailing in the other western countries, such as United States. The basic difference lies in the fact that the UK law set is much simpler than the controversial and complex law set in US. The factor guarding this difference is that in US, most of the Personal Injury Solicitors work on contingency basis, that is the attorney is paid only if he or she can win the compensation for the plaintiff but in UK, there are just handful of lawyers working on such terms. In UK, the plaintiff loses the lawsuit, and then he or she is held responsible for the expenses incurred by the defendant. In US, the scenario is absolutely different, where the defendant is liable for all his personal legal expenses, irrespective of the fact whether the plaintiff wins or loses the case.

No Win No Fee Claims is the term that describes the agreement created between the client and the law firm. The term signifies that if one of the leading personal injury lawyers won’t be able to win the case then the client who claims personal injury won’t be liable to pay any fees. Still the no win no fee agreement makes way to a clause where the attorney is always entitled to get an additional fee on account of winning the accident compensation. The UK law has kept this limited to 100 % of the standard fees set by the attorney.

According to the UK law regarding accident injury compensation claim, the proceedings should begin within three years from the date of the accident. Failure to abide by this rule may lead to the claimants right to file a claim. If an individual is under 18 then he or she has the right to make a claim only until the day preceding his or her 21st birthday. The rest lie with the court’s discretion on the matter, that whether the right will be waived off or extended further.

1 comment:

  1. The no win no fee personal injury claims process is pretty simple, win or lose, you won't to pay for your solicitor's fee and legal expenses. Insurance will cover the expenses. If your claim wins, you'll receive 100% compensation and your solicitor will paid, plus an extra amount called success fee.

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