PERSONAL INJURY LAW
Personal injury law is a branch of tort law, a civil law. This is where harm has been caused by one private individual by another private individual who did not take reasonable care in the circumstances. Thus, it is evidenced that this type of law is similar to the law of litigation.
This State gives the victim the ability to recover all the losses which have been caused by the harm/injury the victim has been exposed to. Other types of harm include psychological harm if it is a medically recognised illness which has been properly diagnosed.
The amount which a claimant is able to recover in money terms is labelled damages, and the individual may be able to recover future losses, as well as losses which are presently occurring. For instance, the damages may include pain and suffering, certain medical expense, damage to the victim’s property, reduced earning capacity, loss of amenity, emotional harm and legal fees.
The principle aim of tort law is to allow the victim to recover as if the tort never occurred and discourage the offender from committing the offence again in the future. If a party is successful, they will receive a lump sum of money on the date of trial or settlement, provided they have mitigated their losses.
In the law of personal injury, the determining factor for each claim is liability. This can be determined by proving that the person who was at fault caused the accident/injury by their lack of taking reasonable care in the circumstances they were in. In addition, it has to be shown that it was this breach which caused a foreseeable harm or injury to the victim. If the action of the individual was reckless or careless, there will be a judgement of liability.
Varying amounts of defences exist for any successful claim. One of which is the person who suffered the harm knowing the action that they were engaged in was dangerous, another is assuming the risk as the person suffering harm knew the extent and nature of the risk and went on to take the risk. These are full defences and will diminish liability completely. Other defences include intervening causes and contributory negligence.
The law of personal injury is not straight forward. In fact, is has caused much debate and criticisms of the current law, including debates over the types of harm which can be claimed, the quantity of damages and contingency fees which are charged by solicitors. Contingency fees are those commonly known as “no win no fee” claims. This is when the solicitor has their fees paid only if the claim is successful and their client has been compensated, which is then based on the remedies awarded, instead of the usual hourly rate charged by solicitors.
Most personal injury cases never reach the courtroom, but are settled before the trial, resolving the issue as quick as possible with little hassle. This saves an expensive court trial, and further legal feels. However, when it is not possible to settle, parties do proceed to court and a judgement is taken which may be appealed in further courts.
Principally, personal injury law allows individuals to claim against each other where one has suffered harm or loss, and recover an amount of money in damages to restore the victim to the position they would have been had the tort not occurred. It is a complicated area of law with many different torts and debates about these different kinds of torts.