PERSONAL INJURY LAW SUMMARY
The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, on a cruise ship, product defect accidents (product liability) and holiday accidents. The termpersonal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified asindustrial 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, andrepetitive strain injury cases.
A personal injury lawyer files legal complaints, offers legal advice, prepares legal documents and represents his client in court. A personal injury lawyer’s primary purpose is to see justice and compensation served to the injured party. Frequently, a personal injury lawyer will settle out of court on behalf of his client. However, if an agreement cannot be reached between the plaintiff and the defendant, the case must be settled in court.
Within the personal injury field, lawyers will choose to specialize even further because certain cases demand a more detailed level of expertise.
Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Typically, a Plaintiff attorney charges 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter proceeds to trial. These sums are negotiable before hiring an attorney. Legal aid from the government may not be available; for example it was largely abolished in England in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful