The Oddity of Personal Injury Law

Classification of Personal Injury Claims

Commonly occurring types of bodily injuries resulting in claims are traffic-related accidents, work accidents, accidents involving tripping, assaults, home-related accidents, product defect/liability accidents and holiday-related accidents. The idea of bodily/personal injury also includes health provider-related accidents and illnesses or other maladies that are very often tied into cases involving industrial disease/ailments, such as asbestosis and peritoneal mesothelioma, etc.
Depending upon the intent or negligence of a responsible party, the claimant could be entitled to damage compensation from that responsible party through a settlement or a judgment. Historically, with cases in the US this process can be laden with complexity and controversy, with critics demanding various types and forms of legislation to affect tort reform. Attorneys very often represent their clients on "contingent fee basis" where the final fee is a pre-determined percentage of the finalized award, payable to the attorney when the case is completed, with no payout required if no award is given.

Awards in Personal Injury Claims

Damages are defined as either special or general. In torts, special damages are tangible costs which can be listed such as medical expenses, lost income, and property damages. Torts typically result in both special and general damages.
The amount of agreed to compensation for a personal injury will rely heavily on the severity of the injury. Severe injuries (such as brain damage, severed limbs, broken bones), (such as brain damage, broken bones, severed limbs) that cause intense and suffering receive the highest injury settlements.
Besides awards for special claims, the injured person may get compensated for the lifetime effect of the injuries. This can be compensated for, over and above the compensation for the injury itself. This is called loss of amenity, and the consideration given for loss of amenity is part of the claim for pain, suffering and emotional distress.