A Personal Injury Overview

by Marc Dean


There is hope and relief for victims in the form of a personal injury lawsuit. Today, many laws have been enacted to help victims fight back. Many times, such victims lack the proper information to fight their case and end up in frustration and anger. The first thing you need to know is what personal injury law is.

A personal injury is said to occur to a person when an accident or medical malpractice results in some kind of physical or psychological injury to such person. This includes a vast category of injuries like industrial disease cases, automobile accidents, tripping accidents, other accidents at work, assault claims, defective product accidents, accidents at home, holiday accidents and the like. The injured person is entitled to monetary compensation from the person who is responsible for the occurrence due to his negligence.

In United States, the injury law is laid down as various forms of • torts". Torts are acts, or failure to act, that interferes with somebody• s freedom to enjoy their personal and property rights. These can be based on intentional misconduct, strict liability without regard to actual misconduct or negligent misconduct.

Intentional misconduct refers to illegally invading a person• s privacy, assault, battery or intentionally inflicting emotional distress on another person. Strict liability refers to product failures. Negligent misconduct refers to personal injury claims.

When you become a victim of any kind of personal injury, you should first get in touch with an Injury Lawyer who can help you claim damages for your injury in accordance with the law. You can then present your case in the most convincing manner, gathering all required evidence of negligence on part of the defaulter, for you to get a favorable verdict. One is required to file such personal injury lawsuit without much delay.

The pain and suffering that you suffer varies with regard to the injury inflicted on you. In some cases, it could be very bad and even lead to permanent disability. Such monetary compensation can help you fight with the pain or suffering that you have to bear all through your life. The personal injury attorney can help you determine how much compensation you are entitled to and also your chances of recovery. The amount of personal injury settlement depends on the severity of the injury, sum of lost wages, treatment expenses and time taken to heal the injury.

Such personal injury lawsuits could take three months to as long as eighteen months. The duration of such settlement depends upon the circumstances and complexity of the injury. If the victim is a minor, such settlement is blocked in his bank account till he is an adult. Only when such minor requires immediate money for treatment purposes does the court give an order accordingly.

Often the injured victim makes use of structured settlement to get financial protection after they receive an injury settlement. Structured settlement is designed so that the victim can get tax benefits and also plan for his future needs accordingly.

About the Author

Marc Dean is a freelance writer for PreferredConsumer.com, a Consumer Guide and his passion is researching consumer affairs and consumer protection issues, including personal injury lawsuits, health and safety, and Personal Injury Lawyers