The term "personal injury," when placed in a legal context, is used to describe an injury to the body, mind or emotions, as opposed to an injury to property. The phrase is commonly used to refer to a particular type of tort lawsuit in which the plaintiff's injury has been caused by the negligence of another.
The basic types of personal injury claims arise from car accident cases, slip and fall cases, and assault cases. When the negligence in issue is committed by a service professional, like a doctor, the personal injury case is called a malpractice case. Malpractice cases can arise from medical, dental, or legal professionals failing to act within the standard of care for their profession. As previously stated, malpractice is a subset of the personal injury legal spectrum.
When the wrongdoing of the defendant can be established, the injury victim may be able to recover compensation in the form of money. The U.S. legal system contains many complicated and controversial aspects with regard to personal injury legal cases. One of which is the contingency fee. A contingency fee basically means that the lawyers fee is contingent upon his ability to recover money damages for his plaintiff-client. If the lawyer is able to recover money, his fee is a percentage of the recovery.
As American law is rooted in the traditions of the United Kingdom, there is much overlap between English law and that of the United States. For example, in England, there are rules of limitation which require a person to bring a case for compensation within a certain amount of time. There were exceptions to such rules when the injured individual was a minor. This rule of limitation was carried across the ocean to the United States where statutes of limitation have been developed which time-bar stale claims.
In order to be successful in a case premised on negligence, the injury party must show that the defendant owed him a duty to exercise reasonable care, that the defendant violated that duty, that his injuries resulted from the breach of duty, and that the injuries were a reasonably foreseeable result of the violation. For example, a person injured in a car accident is in a good position to argue that the driver who caused the accident was legally "negligent" and thus should pay compensation for the injuries caused by the accident.
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