Contrary to popular belief, personal injury is a term that does not only refer to personal bodily injuries but to any violation to the rights of an individual whether physical, mental or emotional caused by the negligence of others. However, most cases of personal injuries arise due to bodily injuries caused by other people’s negligence.
Among the most frequent personal injury claims are those due to car accident injury, workplace injury and bodily injuries cause by defective products. As long as the injured person (plaintiff) can prove that the other party (defendant) has been negligent in his duties or responsibility and such negligence caused the plaintiff pain and suffering of any kind, such as whiplash, trauma, or other disorders, illnesses and injuries, the court will entitle the plaintiff to a compensation of monetary value from the defendant. In some countries such as the United States, personal injury claims, settlements, court judgments, lawsuits, etc. are controversial and complicated matters with various critics demanding reforms on how these cases will go.
If you are the injured party, you can avail of the services of an injury lawyer and pay him based on a percentage of the final monetary compensation that you will be receiving if the case comes to a resolution. Although you may not always need an attorney whenever you make personal injury claims, getting the services of injury lawyers may be necessary when your personal injury case becomes more complicated.
When you hire the services of a lawyer from an injury law firm, you will enter into a Conditional Fee Agreement, or a CFA, with the firm, which explains that the lawyer can only be paid with the percentage of what you will be receiving as compensation if your case comes to a resolution. However, if you lose the litigation, the lawyer will not be paid any compensation. In short, it’s a “no win no fee” concord between you and the law firm or the lawyer.
On the other hand, if the lawyer is able to successfully assert your demands in your personal injury claims, is successful in the litigation, he will have his lawyer services fee as well as an additional success fee. In some countries, such as England, it is part of law that the success fee must not be more than the lawyer’s standard services fee.
You may also receive your compensation informally, especially if they are personal injury claims that are of a non-litigated nature, through arbitration, mediation and insurance settlements. In this case, you as a claimant or your representing lawyer will present your settlement demands, supported by necessary medical care and summary of facts that resulted in the injuries, to the negligent party or that party’s insurers. Almost always, the demands for monetary compensation are presented in a way similar to those used in court pleadings. The amount of monetary compensation awarded to you often follows the guidelines of the insurance companies with some allowance for the adjusters who prevented the personal injury claim from proceeding to court litigation. The range of compensation for adjusters varies greatly depending on the seasonality, economic trends and insurance industry standards.
Most often, going through a structured settlement process for your personal injury claims is a practical way to protect your finances after the settlement. However, when things get complicated such as cases in medical malpractice, the aid of a lawyer is necessary to help you push through with your demands.
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