A personal injury occurs when a person suffers any form of physical or psychological injury, as the result of an accident or medical malpractice.
Contrary to the popular notion that personal injury cases are mostly about automobile accidents, personal injury law also covers many other mishaps such as accidents at construction site and workplace, workers compensation, defective medical devices causing bodily injury during operation, dangerous prescription of drugs, mental illness, negligence of doctors resulting in loss of life, food poisoning cases, Prescription of antidepressant drugs that linked to severe birth defects in babies, including persistent pulmonary hypertension in newborns, invasion of personal rights, sexual abuse and sexual harassment cases, product liability and even dog bite injuries compensation.
Personal injury cases are a serious matter as in many cases personal injuries could even result in death. Hence many often the compensation claims involve big money.
From Charles J. Argento & Associates you will find out that personal injury law allows two types of compensation, namely general damages and special damages. General damages are paid as compensation for an injury for pain and suffering or loss of future earnings. Usually, the court decides on the amount to be paid. Special damages are paid as compensation for actual financial loss caused by the accident up to the date of the hearing.
The compensation include damage to personal belongings, the cost of hiring and/or repairing a car if it has been damaged in the accident, travel costs to hospital, costs including ambulance charges, medical expenses (including the cost of private treatment). A court may reduce the amount of damages you claim, if it finds you were partly to be blamed for the accident.
Often the victims of personal injuries have no idea where and whom to claim for compensation. They are entitled to compensation from the party that is responsible for personal injury or their insurance company. It is difficult to decide whether the state where victims reside or the state where accident occurs is the right place to file lawsuit. Remember, personal injury laws are not same in all states. Therefore, a specialized and experienced lawyer is the right person to approach regarding compensations claim.
A good personal injury lawyer knows the intricacy of state personal injury and accident laws. Before taking up your case, the personal injury lawyer ensures that the injury you have endured is the direct fault of another person and the compensation reflects the actual damages you claim. Once convinced, he presents your case in a convincing way ensuring that you get justice.
It’s only wise to hire a personal injury lawyer on a contingency fee basis; your lawyer can charge you his fee only when your case is successful. In other words, your personal injury lawyer doesn’t get paid unless you get paid. In this case, your lawyer will take the fee out of the money you receive as your compensation. It comes somewhere around 30 percent of your final settlement. However, you need to clarify the payment structure with your lawyer before you sign the retainer agreement.