Personal Injury
The most common types of personal injury claims are:
- road traffic accidents;
- medical or dental accidents (malpractice);
- defective product accidents;
- tripping accidents;
- assault claims; and
- accidents at work and in the home.
Personal injury claims may arise out of intentional/malicious acts, reckless disregard or negligence of another party. If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from the negligent party. But if another party acted maliciously or recklessly to cause injury, then the injured party, in addition to monetary compensation for pain and suffering, may also be entitled to punitive damages, which are damages that are awarded to punish the party for maliciously or recklessly injuring another.
Attorneys often represent clients on a "contingency basis," in which the attorneys' fee is a percentage of the plaintiff's compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpractice cases.
There are several limitations periods within which one must file a claim or lawsuit. If one fails to file a claim within such period of time provided by the Statue of Limitations, he or she will not be able to seek damages, if any, for the injuries he or she may have suffered. For example, the Statute of Limitations is two years for negligence cases.
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