Personal Injury Law

Submitted By: Carolyn Clayton

Personal injury law is an area of law that aims to protect citizens against the negligence of others. Covering a wide range of claim subjects—from whiplash to medical negligence, personal injury law guides people through the process of claiming financial compensation for injuries received through the actions or neglect of other people. Once an expensive exercise for those wishing to pursue such claims, personal injury law in the UK now operates on a ‘no win no fee’ basis, making it accessible to anyone eligible to claim compensation for personal injury.

Until the late 1990s, anyone who wanted to make a claim relating to personal injury law in the UK either had to pay expensive legal fees or seek help through the means-tested Legal Aid (now Public Funding) system. The funding of Legal Aid, in turn, proved expensive for the government. With the advent of the Conditional Fee Agreement (CFA) in 1998 the law changed, allowing for claims on a ‘no win no fee’ basis. Under personal injury law in England and Wales, anyone eligible to claim compensation need no longer be deterred by the fear of legal fees associated with the claim. Scotland’s law differs although the ‘no win no fee’ concept is also practised there to some extent.

In order for you to make a personal injury law claim for damages on a ‘no win no fee’ basis in the UK, both you and your solicitor will be required to agree to the terms of the CFA. Most solicitors use a standard document produced by the Law Society of England and Wales which confirms that, if the case is lost, the solicitor will not charge the claimant with any costs. There may be bills such as witness charges and medical fees, but insurance cover is available for this and should be discussed with your solicitor. As the claimant, you will be required by the agreement to co-operate with your solicitor and to provide clear instructions in relation to your personal injury law claim.

Taking the best case scenario first, if your claim proceeds to a straightforward settlement in your favour, the other party’s insurer will pay your legal fees. If you have paid any fees during the case, such as witness fees, these will be reimbursed. Most personal injury law firms will ensure that you receive your compensation in full, without a percentage being deducted for fees. If you are told some of the compensation you receive will be deducted, you may like to consider discussing options with other personal injury law firms before making a commitment.

If your claim does not succeed, you still do not have to pay legal costs. Personal injury law ensures that these costs are met by insurance. There may be disbursements such as witness fees and, in the worst case scenario, defence costs if your case is lost at trial, but your solicitor can help you to insure yourself against such possibilities before your claim gets under way.

With the no win no fee agreement, therefore, personal injury law ensures that people who have suffered injury through no fault of their own are able to seek financial compensation without fear of legal costs. As long as the accident was not your fault you are eligible to claim compensation and should contact a personal injury law firm. Even if you are not sure about the issue of fault it is worth consulting a solicitor or filling in an online claim form for a free assessment of your case. Before making a commitment to pursuing your claim, remember to check that the no win no fee agreement will apply, that you will receive your full 100 percent compensation if you win and that in the event of a loss incurring payment of fees or costs, you will be covered by insurance.

About the Author:

Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with Personal Injury compensation claims.

What Went Wrong? Proving Medical Malpractice

Submitted By: Richard Romando

Medical malpractice, though usually defined rather broadly in the court of public opinion, is often difficult to prove in a court of law. Extensive criteria must be met for malpractice to be found by a court of law, and fully two-thirds of all medical malpractice cases are won by the defendant. Yet, in order to understand the concept of malpractice and how it affects the doctor/patient relationship, you first must understand the popular connotation of the term.

When it comes to public opinion, medical malpractice is any instance when a doctor has presumably failed in his or her attempt to provide adequate care for a particular patient, and the patient has as a result, suffered some sort of harm from this perceived mistake or oversight. In short, if a patient observes some type of harm as a result of medical care, a claim for malpractice might be made. In the legal sense though, medical malpractice is a much more specific term, issued by the courts, where three criteria must be met before the term can be applied.

First, it must be ruled that the doctor has failed in his or her duty of care towards the patient. A reasonable person would have done something different in the situation in question, thereby avoiding the failure. Second, it also must be found that some harm has resulted from the incident. Simply determining that the doctor has failed to perform his or her duty is not sufficient, as the patient must display a recognizable loss or pain as a result. Now, if a reasonable person could assume that this harm could have been avoided, malpractice might exist. Finally, it must also be found that some damages resulted from the doctor’s mistake or misjudgment. Mental suffering, loss of wages and physical agony would all be examples of this.

The difference between the public’s and the courts’ perception of malpractice boils down to the issue of negligence, and whether or not the doctor in question is guilty of it. Negligence requires a state of mind that is found to be “careless, inattentive, neglectful or otherwise reckless” in its attitude towards others.

Considering the lack of a cut and dry method for deciding when and if medical malpractice has occurred, and the potential for huge financial damages awarded to the victims, doctors typically carry very large malpractice insurance policies, which shield them from the financial ruin a large malpractice suit could potentially bring. With malpractice attorneys commanding huge fees for their services, the practice of malpractice law has, not surprisingly, become big business. Because laws governing medical malpractice, such as the statute of limitations for filing a suit, vary from state to state, it is important to get all the facts before proceeding with a malpractice case.

About the Author:
Medical Malpractice provides detailed information about medical malpractice attorneys, laws, cases, insurance, statutes of limitation, and more. For more information go to http://www.e-medicalmalpractice.com and/or visit our affiliate site at http://www.growthink.com.