Wednesday, September 2, 2009

Types of injury


Minor abrasion injury.

Bruise is a hemorrhage under the skin caused by contusion.

Wound: cuts and grazes are injuries to or through the skin, that cause bleeding (i.e., a laceration).

Burns are injuries caused by excess heat, chemical exposure, or sometimes cold (frostbite).

Fractures are injuries to bones.Joint dislocation is a displacement of a bone from its normal joint, such as a dislocated shoulder or finger.

Concussion is mild traumatic brain injury caused by a blow, without any penetration into the skull or brain.

Sprain is an injury which occurs to ligaments caused by a sudden over stretching; a strain injures muscles.

Shock is a serious medical condition where the tissues cannot obtain sufficient oxygen and nutrients.

Amputation is the removal of a body extremity by trauma or surgery.Serious bodily injury is any injury or injuries to the body that substantially risks death of the victim.

Personal Injury and Legal Remedies

Various legal remedies may be available for personal injury (eg. under the law negligence) or for injury to the reputation of another (eg. see damages and restitution) for slander or libel.

In the United States, the legal definition of malicious injury is any injury committed with malice, hatred or one committed spitefully or wantonly. Such an action must be willfully committed with the knowledge that it is liable to cause injury. Injury involving element of fraud, violence, wantonness, willfulness, or criminality.

Psychological Trauma

Psychological trauma is a type of damage to the psyche that occurs as a result of a traumatic event. When that trauma leads to post-traumatic stress disorder, damage may involve physical changes inside the brain and to brain chemistry, which damage the person's ability to adequately cope with stress.

A traumatic event involves a single experience, or an enduring or repeating event or events, that completely overwhelm the individual's ability to cope or integrate the ideas and emotions involved with that experience. The sense of being overwhelmed can be delayed by weeks, years, even decades, as the person struggles to cope with the immediate circumstances. Trauma can be caused by a wide variety of events, but there are a few common aspects.

There is frequently a violation of the person's familiar ideas about the world and of their human rights, putting the person in a state of extreme confusion and insecurity. This is also seen when people or institutions depended on for survival violate or betray or disillusion the person in some unforeseen way

Pain and Suffering in Personal Injury

Pain and Suffering in Personal Injury

Pain and suffering is the legal term for the physical and emotional stress caused from an injury (see also pain and suffering). Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring.

When filing a lawsuit as a result of an injury, it is common for someone to seek money both in compensation for actual money that is lost and for the pain and stress associated with virtually any injury. In a suit, pain and suffering is part of the "general damages" section of the plaintiff's claim, or, alternatively, it is an element of “compensatory” non economic damages that allows recovery for the mental anguish and/or physical pain endured by the plaintiff as a result of injury for which the plaintiff seeks redress.

The amount of money damages a claimant gets for pain and suffering will first depending upon the amount claimed in a lawsuit if such is filed or the amount demanded to the responsible party in the underlying claim if it is an insurance claim. Even though a lawyer representing a client in an injury negligence based lawsuit may claim a certain amount for pain and suffering, the jury or the insurance adjuster will award pain and suffering money for differing reasons.

Structured settlements in personal injury cases

Often, the use of a structured settlement is desired by the injury victim to help protect him or her financially after an injury settlement.

Structured settlements provide injury victims with tax benefits and enable proper financial planning for future needs of the injury victim as a result of the injury

What is Personal Injury ? How to Overcome From Personal Injury ?


What is Personal Injury ?

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another. The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents.

The term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases. If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform.

How to Overcome From Personal Injury ?

Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases.

In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.[

Aid for personal injury cases was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful (known as No win, no fee). No win no fee is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs. However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.