Personal Injury: The Complexity of the Law of Personal injury

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The 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, but also arises in defamation torts.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, and product liability. The term personal injury also incorporates medical and dental accidents and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal 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 dermatitis, 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. Attorneys, such as Kenneth Klein, represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpractice cases. With regards to damages, the amount of compensation for a personal injury will primarily depend on the severity of the injury. Aside from compensation for injuries, the injured person may in some cases get compensated for how the injuries have affected his or her life.

Lastly, even when an injury has been suffered and damages have been determined, it is prudent that the claim be filed within the Statute of Limitations. In the United States, each state has different Statutes of Limitations (limitations on how much time you have to file a claim) for various causes of action. Additional, exceptional personal injury lawyers, such as Kenneth Klein, make tactical considerations regarding Subject Matter Jurisdiction, Venue, and Personal Jurisdiction when considering who to sue and where.

Please understand that this page is just a mere overview of laws and explanation of personal injuries, torts, and negligence. Please contact our office for further information and a free consolation today!  

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