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Personal Injury -- Plaintiff
Anyone who has suffered a personal injury may be entitled to recover monetary damages from whoever is responsible for the injury. It is usually advisable to retain a lawyer who specializes in personal injury cases in order to pursue compensation for an injury.
Forms of Personal Injury
Personal injuries include injuries to the body, the reputation, and the state of mind. Damage to property is usually not included with personal injuries. Some of the typical kinds of situations that lead to monetary damages for personal injuries include injuries that result from:
- Automobile accidents.
- Medical malpractice.
- Injuries or illness contracted in the workplace.
- Trips and falls caused by unsafe conditions.
- Injuries or illness caused by products that have been purchased.
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Handling a Personal Injury
In general, when you are injured you should gather as much information as you can about the injury. Useful information will include the location where the injury occurred, the cause of the injury, and the extent of the injury. Photographs can be very valuable for use as evidence in a trial. It is also important to obtain the identity of the persons, groups, or companies that may be responsible for the injury. Any records of medical treatment obtained relating to the injury should be kept. It is a good idea to seek medical treatment even when injuries may appear slight.
If the injury results from a traffic accident, a police report should be filed and your insurance company should be notified. When an injury occurs in the workplace you need to take the proper steps to notify the employer of the injury.
You should probably consult with an attorney to determine if you have a good claim for filing a lawsuit. Lawsuits need to be filed promptly, because if too much time elapses the lawsuit will be barred by the statute of limitations.
Personal Injury Compensation
Personal injury lawsuits are based on letting an injured party recover monetary damages when they are injured as a result of someone else’s negligence, recklessness, malpractice, or inaction. Money can be received in a personal injury lawsuit to cover monetary damages such as: lost wages, medical expenses, property damages, and rental car expenses. In addition, in some cases additional amounts can be recovered for pain, suffering, humiliation, and distress.
Hiring a Personal Injury Lawyer
Personal injury lawyers typically handle these cases on a contingent fee basis. The contingent fee means that the lawyer does not get paid unless the lawsuit is successful. If the lawsuit is successful, the lawyer receives a percentage of the award. Typically the percentage will be around one third of the amount of the award. Some lawyers may ask for more, or less. It is possible to negotiate on the percentage.
When hiring a personal injury lawyer you should be sure to get the terms of your agreement in writing. Some lawyers will not work on a contingent fee basis. Some retainer agreements will specify that the lawyer has the power to settle your case without your consent.
By Charles Hair
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