The Fundamentals of Personal Injury Law

Personal injury law permits an injured person to obtain legal remedy (damages) for all losses caused by an accident or other incident from the civil court. If you are looking for a professional law firm to help handle your personal injury cases, look no further than Clarke Law. The aim of the personal injury system is to grant the wounded person financial compensation or help them to be completely healed after they have endured impairment as a result of someone else’s carelessness or deliberate behaviour.

There are several instances where personal injury rules are implemented:

Accidents:  Personal injury rules are implemented in cases where someone behaves in a careless way and that carelessness induces injury on someone else. Examples are auto accidents, slip and fall incidents, medical malpractice and lots of other cases.

Deliberate Acts:  Personal injury laws are employed in cases where a suspect’s deliberate behaviour causes damage to someone else. Examples of this are assault and battery and other intentional civil wrong.

Faulty Product: In this instance, a defendant is found liable not for injuries due to negligence or deliberate wrongdoing.  Example of this is certain types of product liability claims arising from a faulty product.

Slander: Personal injury laws are applicable when someone’s slanderous statement brings harm to someone else’s reputation.

Going to court for your personal injury claim

Once you take the issue to court, your case will be transferred to a judge. You will be notified the date of your hearing by the court and your solicitor will help you make your preparations.

 Going to court may seem intimidating, but it is necessary to recall that at this level your solicitor will have prepared your case thoroughly and would have explicated exactly what you should expect. You only have to wait to hear the judgment and find out if you have succeeded.

Cost

The solicitor in question, the experience he or she has, the complexness of your case as well as your funding method will determine the cost. You can compare different charges at some firms before you decide on the one to use.

You may be asked to pay the expenses incurred from supporting your case as it advances (like the cost of medical evidence). These expenses are known as ‘disbursements’.

In England and Wales, there are no more legal aids for personal injuries but if your case is victorious, the defendant will pay most of your basic legal costs. Nevertheless, if your solicitor represents you under a ‘no-win, no-fee’ agreement you will be responsible to pay the solicitor’s ‘success fee’ as this is not retrievable from the defendant.

What happens when you lose? There are various alternatives obtainable to ensure that you can meet your costs if this happens. Your solicitor will explain every alternative to you and inform if you will be obliged to pay any of the defendant’s or your own solicitor’s costs.

Questions you should ask about costs

Your solicitor will assist you in understanding the costs of your case and how you can meet them. Below are the fundamental questions you need to ask at your first meeting.

  • What is the probable cost of a case like this and how are the costs worked out?
  • Will I be charged by the hour or on a ‘no-win, no-fee basis?
  • In case I lose, how will the fees be settled?
  • Will I require insurance cover to defend me against the possibility of compensating for the defendant’s costs?
  • Are there other options for funding my case?