Personal Injury Compensation
Personal injury is a category of legal claims that deal with individual harm. As defined by law, it is hurt or damage done to a person, or an invasion of personal rights.
Almost every type of injury, no matter how minor it is, can be called personal injury. As long as the injury is due to another person’s fault and as long as the injured person’s ability to work is impaired because of it, it is considered a personal injury.
Personal injury is governed by personal injury law, which belongs to a broader subject called tort law.
When a person is involved in personal injury, he is also involved in a personal injury case, which is a type of tort.
If the parties to the personal injury case agree to an early resolution, personal injury settlement is reached.
If there is no agreement, the personal injury case will evolve into a personal injury lawsuit.
In both cases, the monetary claim involved during the settlement is called personal injury compensation.
There are many reasons for a person to claim personal injury settlement. It could be criminal, medical, industrial or property.
Criminal injury compensation is compensation due from an act or omission of another person that constitutes an offence that may be prosecuted by the state and is punishable by law.
Medical injury compensation is compensation due from wrong treatment or medical attention from medical authorities.
Work injury compensation (otherwise known as work accident injury compensation or industrial injury compensation) is compensation due from workplace injury not caused by the injured person.
Property injury compensation, particularly car injury compensation, is compensation due from a car accident not controlled by the affected person.
Personal injury compensation can also vary depending on the body part, like the neck, back, brain, head or knee, which was affected by the personal injury.
Neck injury compensation is caused by a damage to the neck caused by a sudden jerk of the head.
Back injury compensation is caused by a damage to the structures that make up the back bones, muscles, ligaments, tendons, disks or spinal cord.
Brain injury compensation is caused by a damage to the brain that results in the destruction or deterioration of brain cells.
Head injury compensation is caused by a damage to any of the structures of the head.
Knee injury compensation is caused by a damage to the muscles, tendons, bone, cartilage, or ligaments of the knee.
Each of the injury compensation claim, regardless of the cause, should be measured. There are four factors that are considered in calculating the damages. These are the age of the client, the nature and extent of the injuries sustained, the gender of the client and the personal attributes and fortitude of the client.
The damages to be awarded to the injured person are expected to compensate his medical treatment, income, property loss, pain and suffering, emotional distress, loss of enjoyment and loss of consortium.
The award is subject to different periods, depending on the personal injury statute of limitations of the place involved in the personal injury case.
For the person to be successful with his personal injury case, he should be able to gather documents and evidences pertinent to the incident and contact a good personal injury lawyer.