Personal Injury

From LegalLanding

Personal injury is a legal term for an injury to the body, mind or emotions, rather than an injury to a person's property. The term is used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by a defendant, generally through that defendant's negligence, but also arises in defamation and intentional tort lawsuits.

Types

The most common types of personal injury claims are: automobile accidents, accidents at work, slip and fall accidents, assault claims, product defect accidents (product liability), and dog bite claims. The term personal injury also incorporates medical and dental accidents, which lead to numerous medical malpractice claims every year. Personal injury also encompasses 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), occupational stress, contact dermititis, and repetitive strain injury cases.

Attorneys mostly represent clients on a contingency fee, in which the attorney's fee is a percentage of the plaintiff's eventual compensation (most commonly 1/3, or 33.33%, of the amount recovered). In most cases, having an attorney is necessary because cases become extremely complex and require great capital expenditures that many clients are unable to pay up front for, particular for the discovery stage and other inherent litigation expenses.

A more extensive list of types of personal injuries:

MOTOR VEHICLE ACCIDENTS

Automobile
Commercial Vehicles
Drunk Drivers/Dram Shop
Tractor Trailer
Underinsured Motorist
SUV Roll Overs
Truck Accidents
Aircraft/Airline
Plane Crashes
Airplane Accidents
Hit and Run
Motorcycle Accidents
Pedestrian
Trains/Public Transportation
Boating Accidents

MEDICAL MALPRACTICE

Medical Malpractice
Hospital neglect
Nursing Home Negligence
Nursing Home Injuries
Injuries at Birth
Silicone Implants
Wrongful Death
Product Liability
Manufacturer Defects
Fen Phen
Plastic Surgery Negligence

OTHER

Traumatic Brain Injuries
Burn Injuries
Product Liability
Negligence
Gas Explosions
Explosions
Benzene
Explosions
Dog Bites
Premises Liability
Asbestos Litigation
Rezulin
Qui Tam
Lead Paint

Time and the Statute of Limitations

A statute of limitations is a law which places a time limit on having a legal cause of action, or ability to pursue a legal remedy, in relation to wrongful conduct. After the statutory period expires, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief. While the actual statutory period varies by state and the specific type of injury, most states allow 2 years for a personal injury claim to be brought before the injured party is barred from relief.

Here is a list of the statute of limitation periods on a state by state basis.

Structured settlements in personal injury cases

Often, an injury victim will elect to use a structured settlement to help protect her financially after an injury settlement, by securing funds for present and future medical payments, and it also provides injury victims with tax benefits.