The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) 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 dermititis, 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 and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases.
Pain, suffering and loss of amenity
The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause intense physical pain and suffering will tend to receive the highest injury settlements.
Aside from compensation for injuries, the injured person can also get compensated for how the injuries have affected his or her life. An example, a good ball player suffers a wrist injury which prevents him from playingball player during the ballt season. This can be compensated for, over and above the award for the injury itself. This is called loss of amenity, and the award for loss of amenity is part of the claim for pain, suffering and loss of amenity
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Howard Roitman, Esq.
8921 W. Sahara Ave.
Las Vegas, NV 89117