An Experts View: Navigating Injury Claims in Shreveport

Understanding the Legal Framework for Injury Claims


Navigating the realm of injury claims in Shreveport can seem like a daunting task. But, don't worry, you're not alone!

Truck Accident Attorney

  1. Client Advocacy
  2. Accident Victim Rights
  3. Occupational Injury Attorney
Understanding the legal framework is not just about knowing the laws, but about how these laws are practically applied (especially in this unique region).


First off, it's crucial to grasp that not all injury claims are the same. Some people think they are, but theyre not. The laws surrounding personal injury in Louisiana (where Shreveport is located) are distinct from those in other states. The state follows a doctrine called comparative fault, meaning that if you're found to be partly at fault for your own injury, your compensation could be reduced. It's not entirely fair, some might argue, but that's how it works here.




Legal professions in England and Wales

  • Injury Insurance Claim
  • Witness Testimony
  • Legal professions in England and Wales
  • Truck Accident Attorney
  • Motorcycle Accident Lawyer

Now, let's talk about timelines. In Shreveport, like the rest of Louisiana, theres a strict one-year statute of limitations for filing personal injury claims. If you miss this window, your claim will likely be dismissed, and theres no turning back. Its a harsh reality, but it emphasizes the importance of acting promptly.


Another important aspect is dealing with insurance companies. Witness Testimony Many folks believe they're on their side, but truth be told, they're not. Insurance companies often aim to settle claims for as little as possible. They might seem friendly on the phone, yet their main goal is minimizing payouts. Thats why having a competent lawyer by your side can make a world of difference. They know the ins and outs of the local legal system and can guide you through the complexities of negotiations.


Moreover, the emotional toll of injury claims shouldnt be underestimated. The process is often lengthy and filled with legal jargon that can leave you feeling overwhelmed. But hey, dont lose heart! With the right guidance and understanding, you can navigate through it successfully.


In essence, understanding the legal framework for injury claims in Shreveport involves more than just knowing the law. It's about recognizing the nuances of the local legal landscape and being prepared for the hurdles that may come your way. So, whether you're dealing with a car accident, slip and fall, or any other type of personal injury, remember that knowledge is power and having the right support can make all the difference.

Common Challenges in Pursuing Injury Claims


Navigating the world of injury claims can be quite the challenge, especially in a place like Shreveport. As experts in this field, weve seen the myriad of obstacles that people face when they decide to pursue a claim. Its not (just) about gathering evidence or having a strong case; its about understanding the intricate legal landscape that can often be confusing and frustrating.


First and foremost, one of the common challenges people encounter is the lack of understanding about the legal process itself. Many individuals think that once theyve filed a claim, its a straightforward path to compensation.

Truck Accident Attorney

  • Accident Attorney
  • Case Investigation
  • Compensation Recovery
  • Disability Lawyer
  • Car Accident Lawyer
But oh boy, thats not how it works! Top 10 Reasons You Need a Personal Injury Lawyer in 2025 . The legal system is complex, and without proper guidance, claimants can find themselves lost in a sea of paperwork and legal jargon. Its not enough to just have a valid claim; understanding how to present it effectively is crucial.


Another significant hurdle is dealing with insurance companies. These entities are not (always) on the claimants side. They often employ tactics to minimize payouts, and without knowing their strategies, one might end up with less compensation than deserved. Its like playing chess, and the insurance companies are seasoned players who know every move to make. Claimants often need an expert to guide them through these negotiations, ensuring they get what theyre entitled to.


Moreover, proving the extent of an injury can be another sticking point. Medical records, testimonies, and sometimes even expert witnesses are required to substantiate a claim. Without this evidence, insurance companies may argue that the injuries are not as severe as claimed. Gathering this information can be time-consuming and stressful, especially when one is already dealing with the aftermath of an injury.


And lets not forget the emotional toll. Pursuing an injury claim can be draining, both mentally and physically. The process is often long and drawn out, testing the patience of even the most steadfast individuals. Its not uncommon for claimants to feel overwhelmed, and this stress can sometimes lead to them abandoning their claims altogether.


Despite these challenges, its important for people in Shreveport to remember that theyre not alone in this journey. With the right support and expertise, navigating the injury claims process can be made a bit easier. Its all about finding the right guidance and staying persistent, even when the going gets tough. So, while the road may be bumpy, the destination is worth the effort!

Strategies for Successful Claim Negotiation


Navigating injury claims in Shreveport can be quite the conundrum! When it comes to successful claim negotiation, there are a few strategies experts often (and wisely) recommend. First and foremost, dont underestimate the power of preparation. Many folks think they can just walk into a negotiation unprepared and still come out on top-no way! Its crucial to gather all necessary documents, evidence, and even witness statements, if possible.


Its also important not to rush things. Negotiations aren't a sprint; theyre more like a marathon. Take your time to understand the other partys perspective. This doesnt mean you have to agree with them, but knowing their position can give you a strategic advantage. After all, knowledge is power!


Another key strategy is to manage your expectations. Not every injury claim will result in a massive payout, and thats okay. Accept that compromise is often necessary. This doesnt mean settling for less than you deserve, but rather being realistic about what you can achieve.


Communication plays a pivotal role too, and it cant be ignored. Clear, concise, and respectful communication can make a world of difference. Avoid hostile or aggressive language, as it tends to escalate tensions rather than resolve them. Remember, youre not enemies; youre just two parties trying to reach an agreement.


Lastly, dont shy away from seeking professional help. Navigating injury claims can be complex, and having an expert by your side can be invaluable. They can provide guidance, offer insights, and even help negotiate on your behalf. This assistance can often make the difference between a successful negotiation and a less favorable outcome.


In conclusion, while navigating injury claims in Shreveport might seem daunting, employing these strategies can significantly enhance your chances of success. So, prepare thoroughly, communicate effectively, and dont hesitate to seek help when needed. With patience and persistence, youll navigate the complex waters of claim negotiation like a pro!

The Role of Expert Witnesses in Injury Cases


Injury cases can be quite overwhelming, cant they? Especially in places like Shreveport, where the process can seem as tangled as the roots of an old oak tree. One might wonder, How does one even begin to navigate such a complex system? Well, thats where expert witnesses come into play. Theyre not just optional accessories in injury claims; theyre essential players who can turn the tide of a case.


Now, lets talk about these expert witnesses. Theyre not just folks pulled off the street, no sir! These are individuals with specialized knowledge (be it in medicine, engineering, or some other field) that can shed light on the intricacies of an injury claim. Imagine trying to explain a complicated medical condition to a room full of people who dont have a medical degree. Its like trying to explain quantum physics to a toddler. Legal professions in England and Wales Expert witnesses bridge that gap by providing testimony thats not only informative but also persuasive.


However, its important to note that not all expert witnesses are created equal. Some might have impressive credentials but lack the ability to communicate effectively. Others may be fantastic speakers but havent got the depth of knowledge required. So, its crucial for legal teams to choose their experts wisely. An ineffective expert witness can do more harm than good, potentially leaving a case dead in the water.


In Shreveport, where injury claims are as common as crawfish boils, expert witnesses can make or break a case. They provide clarity in situations that are often murky and contentious. Without them, jurors might not fully understand the extent of an injury or the negligence involved, which can lead to unjust outcomes. And nobody wants that!


Yet, lets not forget, expert witnesses arent magicians. They cant conjure evidence out of thin air or turn a weak case into a strong one. What they can do is present the facts in a way that is clear and compelling, giving the jury the tools they need to make an informed decision. In the end, its up to the legal team to build a solid case and the expert witness to support it with their specialized insight.


So, if youre ever caught up in an injury claim in Shreveport, remember this: an expert witness might just be your best ally. They wont solve all your problems, but theyll certainly help you navigate the choppy waters of legal proceedings. And in a world where injury claims can feel like a labyrinth, thats no small thing!

Association of Personal Injury Lawyers
Established (35 years ago)
Purpose Personal injury
Coordinates 52°56′16″N 1°10′07″W / 52.9376472°N 1.1687034°W / 52.9376472; -1.1687034 Edit this at Wikidata
Membership 3,100
Website www.apil.org.uk 

The Association of Personal Injury Lawyers (APIL) is a United Kingdom not-for-profit organisation comprising about 3,300 personal injury solicitors, barristers, academics and students.

The association was founded in 1990 by a group of barristers and solicitors who wished to improve the services provided for victims of negligence.[1] Its four founders are Rodger Pannone,[2] Michael Napier CBE,[3] John Melville Williams QC,[4] and Simon Walton.[5][6]

Accreditation

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APIL runs an accreditation scheme which assesses personal injury lawyers according to their expertise and experience. Lawyers who gain this accreditation kitemark have at least five years' experience of handling personal injury claims, and are known as senior litigators, fellows or senior fellows, depending on the amount of experience they have.

All APIL members are bound to abide by a code of conduct and consumer charter.

Campaigns

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APIL holds regular meetings with Government ministers, MPs, civil servants and opinion formers on campaigns for reform in the law,[7] including:

  • A campaign to deter motorists from driving too close to the vehicle in front in a bid to prevent low-speed collisions and whiplash injuries. At the centre of the Back Off campaign is an animation called "A Lesson In Social Graces".[8]
  • Lobbying for full and fair compensation for victims of workplace diseases.[9]
  • A campaign to reform the law on bereavement damages in England, Wales, and Northern Ireland.[10]

Key aims

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APIL's vision is for a society without needless injury, but when people are injured they receive the justice they need to rebuild their lives.[11] APIL's four strategic pillars are:

  • Rebuild public trust
  • Prevent needless injury
  • Ensure prompt and full redress
  • Drive excellence in legal representation

Structure

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APIL is governed by members who stand for election annually. The current president is Kim Harrison.[12]

References

[edit]
  1. ^ "About us". Apil.org.uk. Archived from the original on 2010-05-28. Retrieved 2010-03-31.
  2. ^ "Rodger Pannone talks about a life in law". Manchester Evening News. 2010-03-11. Retrieved 2010-03-31.
  3. ^ Wallach, Sharon (1994-05-13). "Law: On a personal matter: Michael Napier, new president of the Association of Personal Injury Lawyers, talks to Sharon Wallach". The Independent. London.
  4. ^ "Archived copy". Archived from the original on 2005-04-29. Retrieved 2010-04-08.cite web: CS1 maint: archived copy as title (link)
  5. ^ Personal Injury: Practice and Procedure in Europe. Cavendish Pub. 1997. ISBN 978-1-85941-179-7.
  6. ^ "Manchester's finest lawyers honoured at legal awards". Manchester Evening News. 5 March 2010. Retrieved 2010-03-31.
  7. ^ "APIL campaigns". Apil.org.uk. Archived from the original on 22 March 2010. Retrieved 2010-03-31.
  8. ^ "A Lesson in Social Graces - tailgating". YouTube. 23 September 2013. Archived from the original on 2021-12-15. Retrieved 14 October 2016.
  9. ^ Hartwell, Jane. "New asbestos cancer Bill does not go far enough". Association of Personal Injury Lawyers.
  10. ^ "Bereavement Damages".
  11. ^ https://www.apil.org.uk/files/apil-strategic-plan-2020-2023.pdf. cite web: Missing or empty |title= (help)
  12. ^ "Executive committee". APIL. 16 May 2024. Retrieved 15 July 2024.
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A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.

The term "trial lawyers" is used to refer to personal injury lawyers, even though many other types of lawyers, including defense lawyers and criminal prosecutors also appear in trials and even though most personal injury claims are settled without going to trial.

Qualification

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A personal injury lawyer must qualify to practice law in the jurisdiction in which the lawyer practices. In many states, they must also pass a written ethics examination.[1]

Lawyers may take continuing legal education (CLE) classes in order to learn about developments in the law or to learn about new practice areas. In states that require lawyers to attend CLE, personal injury lawyers may take CLE courses relevant to personal injury law, but are not required to do so.[2]

United States

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Certain bar associations and attorney organizations offer certifications, including certification of lawyers in the field of personal injury.[3] Certification is not required to practice personal injury law, but may help a lawyer demonstrate knowledge in the field to potential clients. Within the U.S., not all state bars offer certification for personal injury law. Some states, such as New Jersey,[4] allow lawyers to become Certified Trial Attorneys, a credential that is available to both plaintiff and defense attorneys. Some states, such as Arizona,[5] restrict the use of the words "specialist" or "specialize" to lawyers who have obtained a certification from the State Bar Board of Legal Specialization in a specific field of law, with one such certification being in the area of personal injury law.

Practice

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Lawyers may concentrate their practice to specific areas of law, including personal injury law.[6] Some lawyers may further specialize to a specific area of personal injury, such as medical malpractice law. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience.

Client relations

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Before accepting a new case, a personal injury lawyer typically interviews a prospective client and evaluates the client's case to determine the basic facts and potential legal claims that might be made, identifies possible defendants, and evaluates the strength of the case.[7] A lawyer may decline to accept a case if the lawyer believes that the legal claims will not succeed in court or if the cost of litigation is expected to exceed the amount that can reasonably be recovered from the defendants as compensation for the client's injury.[8]

Compensation

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Lawyer fees may be charged in a number of ways, including contingency fees, hourly rates, and flat fees. In many countries, personal injury lawyers work primarily on a contingency fee basis, sometimes called an if-come fee, through which the lawyer receives a percentage of a client's recovery as a fee, but does not recover a fee if the claim is not successful.[7]

In some jurisdictions, or by virtue of the retainer agreement between an attorney and client, the amount of the legal fee may vary depending upon whether a case settles before a lawsuit is filed, after a lawsuit is filed but before trial, or if the case goes to trial.[9] For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, a 40% contingency fee if the case settles after the lawsuit is filed, or up to 45% if the lawsuit goes to trial.

Due to the high cost of litigation, personal injury lawyers are rarely retained to work based on an hourly fee.[10] However, defense attorneys who are hired to contest personal injury claims are often paid on an hourly basis.

Ethics

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An attorney should provide diligent representation to clients, and the ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain just compensation for their losses. As with all lawyers, the attorney-client relationship is governed by rules of ethics.[11]

In the United States, lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations.[12] States normally require all contingency agreements between lawyers and their clients to be in writing, and may limit the amount that may be charged as a contingency fee to a specific maximum percentage of the recovery.

Marketing

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The market for personal injury firms is highly competitive in the U.S., and some firms maintain large marketing budgets to attract potential clients. Marketing efforts include advertising on television, radio, the Internet and social media, billboards, and in print publications. In some jurisdictions, lawyer marketing has moved away from the historic expectation of decorum in lawyer advertising. An industry has arisen for law firms that do little legal practice, instead focusing on client generation and referral of cases to other law firms.[13]

Organizations

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Although membership is not required for personal injury practice, many personal injury lawyers join professional associations. For example:

  • American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs
  • Association of Personal Injury Lawyers – an association based in Nottingham, England; founded in 1990 by personal injury lawyers on behalf of accident victims
  • Consumer Attorneys Association of Los Angeles – CAALA is one of the largest associations of plaintiffs' lawyers in the United States and hosts one of the largest annual attorneys' conventions.
  • American Association for Justice – an association of trial lawyers that was founded in 1946 by a group of plaintiffs' attorneys committed to safeguarding victims' rights. Prior to 2007, this organization was called the Association of Trial Lawyers of America, or ATLA.[14]
  • The National Trial Lawyers – a national organization composed of trial lawyers, offering networking opportunities, advocacy training and educational programs for trial lawyers.[15]
  • Personal Injuries Bar Association (PIBA) - a specialist bar association for UK barristers who practise in the field of personal injuries.[16]

Criticism

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Critics of personal injury lawyers claim that litigation increases the cost of products and services and the cost of doing business.[17] For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns, often raised in response to efforts to reform healthcare, have not been well substantiated. A publication by the Robert Wood Johnson Foundation found little evidence that traditional tort reforms affect medical liability costs or defensive medicine.[18] A study conducted on a bipartisan basis in Texas has found that tort reform, once enacted, had no impact on reducing the cost of medical care, tending to throw doubt on claims made by tort reform advocates.[19]

See also

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References

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  1. ^ "Becoming a Lawyer: Frequently Asked Questions". State Bar of Texas.
  2. ^ Lowenthal, Werner (1981). "Continuing Education for Professionals: Voluntary or Mandatory?". The Journal of Higher Education. 52 (5): 519–538.
  3. ^ "A Concise Guide to Lawyer Specialty Certification" (PDF). ABA Standing Committee on Specialization. American Bar Association. June 2007. Retrieved 3 December 2017.
  4. ^ "Board on Attorney Certification". New Jersey Courts. New Jersey Judiciary. Retrieved 3 December 2017.
  5. ^ "Certified Specialists". State Bar of Arizona. Retrieved 3 December 2017.
  6. ^ Nelson, Robert L. (1988). Partners with Power: The Social Transformation of the Large Law Firm. University of California Press. pp. 174–175. ISBN 0520058445. Retrieved 3 December 2017.
  7. ^ a b Goodman, Peggy. "Initial Interview with a Potential Client". LexisNexis. Relx Group. Retrieved 21 January 2008.
  8. ^ Coffee, John C. (May 1986). "Understanding the Plaintiff's Attorney: The Implications of Economic Theory for Private Enforcement of Law through Class and Derivative Actions". Columbia Law Review. 86 (4): 669–727. doi:10.2307/1122577. JSTOR 1122577. S2CID 158524103.
  9. ^ Danzon, Patricia M. (1983). "Contingent Fees for Personal Injury Litigation". The Bell Journal of Economics. 14 (1): 213–224. doi:10.2307/3003548. JSTOR 3003548.
  10. ^ Danzon, Patricia M. (June 1980). "Contingent Fees for Personal Injury Litigation" (PDF). Rand. Retrieved 3 December 2017.
  11. ^ Weissman, Herbert N.; Debow, Deborah M. (2003). Ethical Principles and Professional Competencies. Handbook of Psychology. John Wiley & Sons, Inc. pp. 3:33–53. ISBN 047138321X. Retrieved 3 December 2017.
  12. ^ Carr, David Cameron (2010). "Attorney Fees: Five Keys to Ethical Compliance". GPSolo. Archived from the original on 2 October 2017. Retrieved 3 December 2017.
  13. ^ McGrath, Tom (2025-02-02). "Billboard Wars: How Personal Injury Lawyers Took Over Philly". Philadelphia Magazine. Retrieved 2025-02-06.
  14. ^ "American Association for Justice". justice.org. Retrieved 2017-06-27.
  15. ^ "The National Trial Lawyers". Retrieved 2 April 2019.
  16. ^ Personal Injuries Bar Association, accessed 27 September 2022
  17. ^ Hiltzig, Michael (20 September 2014). "New study shows that the savings from 'tort reform' are mythical". Los Angeles Times. Retrieved 3 December 2017.
  18. ^ "Medical Malpractice: April 2011 Update". The Synthesis Project. Robert Wood Johnson Foundation. 1 April 2011. Retrieved 2 July 2017.
  19. ^ Roser, Mary Ann (20 June 2012). "New study: Tort reform has not reduced health care costs in Texas". Statesman Media. American Statesman. Retrieved 2 July 2017.
Car collisions are a major cause of personal injury cases.

Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property.[1] In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (the plaintiff in American jurisdictions or claimant in English law) has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability.[2] Different jurisdictions describe the damages (or, the things for which the injured person may be compensated) in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.[3]

History

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Historically, personal injury lawsuits in tort for monetary damages were virtually nonexistent before the Industrial Revolution of the 19th century.[4] In agrarian, pre-industrial societies where most people did not travel far from home during their lifetimes, accidental bodily injuries inflicted by one stranger upon another were quite rare. When a grievous accident did occur, the culprit was usually a relative or close friend, and part of the same small local community. Most persons were judgment proof before the rise of the middle class and the invention of modern liability insurance.<[5]

At common law, a victim of a personal injury and others with a direct interest in the outcome of an action (e.g., the victim's spouse) were automatically disqualified from testifying about the injury or its consequences (because the victim's self-interest in recovery was seen as inevitably resulting in an unacceptably high risk of perjury). Finally, pre-industrial injuries lacked the sheer magnitude of force of modern personal injuries, because they were normally inflicted by humans or animals, not powerful machines.[5]

Injury victims were not necessarily left with no remedies at all; in some respects, criminal justice back then was much more expansive than its modern counterpart. For example, if an animal inflicted a personal injury, the animal itself could be the subject of criminal prosecution.[6]

Another obstacle was that if an injury was severe enough to kill the victim, the common law followed the maxim actio personalis moritur cum persona. This literally meant that the cause of action died with the victim. It was not until the 19th century that legislatures throughout the common law world began to remedy this grave injustice by enacting statutes (e.g., the Fatal Accidents Act 1846) allowing for post-death wrongful death claims.[7] Similarly, from the 1840s to the 1890s, legislatures throughout the common law world began to also enact statutes overturning the witness disqualification rule (after which victims could directly testify to how they had been injured and had subsequently suffered).[5]

On top of all these barriers, most admissions of fault made by an employee of the defendant were inadmissible under the hearsay rule unless they could come in under the narrow res gestae exception for admissions of fault that were contemporaneously made with the negligent act.[8] The modern hearsay exception for party admissions had not yet been invented.[8]

In common law jurisdictions before the 1850s, an injury had to fit into a very small category in order to serve as the basis of a legal action worth pursuing to a final verdict: the injury was serious enough to justify legal action, but not so severe as to kill the victim; the injury, its cause, and its consequences had all been witnessed by entirely disinterested third parties; the defendant was a stranger to the plaintiff, but one with recoverable money or assets within the boundaries of the jurisdiction; and the plaintiff was able to find competent counsel willing and able to pursue such a rare kind of legal action.[5] Such cases were not primarily motivated by the victim's interest in seeking compensation for their own pain and suffering, but were brought based on economic injury to someone "who possessed rights in the life and services of an immediate victim."[9] In other words, in the eighteenth century, "American and English personal injury cases appear to have been concerned primarily with actions for loss of services—namely, damages to a master resulting from injury to members of the master’s household."[9]

Starting in the middle of the 19th century, personal injury lawsuits were filed after accidents on the new railroads. Edward Watkin of the South Eastern Railway (England) complained in 1881 that[10]

The result of this compensating law under which the slightest neglect makes the company liable, and the only thing to be considered is the amount of damages—the effect of this unjust law is to create a new profession compounded of the worst elements of the present professions—viz., expert doctors, expert attorneys, and expert witnesses. You will get a doctor to swear that a man who has a slight knock on the head to say that he has a diseased spine, and will never be fit for anything again, and never be capable of being a man of business or the father of a family. The result of that is all we can do is to get some other expert to say exactly the contrary.

The personal injury lawsuit evolved from a rare sight to a commonplace occurrence during the Second Industrial Revolution at the end of the 19th century. For example, in 1870, tort lawsuits made up only 4.2 percent of the contested caseload of New York City trial courts, but by 1910, that number had skyrocketed to 40.9 percent.[11] In 1880, there were only about a dozen horsecar personal injury lawsuits currently pending in Boston; by 1910, "there were over 800 personal injury cases involving streetcars in superior court, and 600 more in the municipal court".[11]

Types

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A Chevrolet Malibu involved in a rollover crash

Common types of personal injury claims include road traffic accidents, work accidents, tripping accidents, assault claims, and product defect accidents (product liability). The term personal injury also incorporates injuries arising from medical and dental care, that which may lead to medical negligence claims). Other causes of personal injury claims, include conditions that are often classified as occupational diseases. Personal injury cases may also include toxic torts, in which a contaminant transmitted by air or water causes illness, injury, or death. Other tort claims may be pursued in conjunction with personal injury claims.

The most common personal injury claim involves injury from a motor vehicle accident.[12]

Claims and payments

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Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment.

Although personal injury cases may result from an intentional act, such as defamation, or from reckless conduct, most personal injury claims are based on a theory of negligence. To hold a party or parties legally liable for injuries so damages based upon negligence, four elements must be proved:[13]

  1. Party A had a duty to act reasonably according to the circumstances.
  2. Party A breached the duty.
  3. Party A's breach of the duty caused party B to be harmed.
  4. Party B suffered monetary damages due to the harm suffered when party A breached its duty of care.

The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as severed limbs or brain damage) that cause intense physical pain and suffering receive the highest injury settlements.

Lawsuits

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As occurs in most civil cases, personal injury cases begin by filing with a court a document called a "complaint."[14] Typically, a complaint in a personal injury case identifies the parties to the lawsuit, specifies what the defendant did wrong, alleges that the wrongdoing caused the plaintiff's injury, and specifies what kind of compensation the plaintiff is seeking. The complaint generally sets out the facts that the plaintiff will attempt to prove, and the defendant may attempt to disprove, throughout the litigation.

In most countries, payments will be through a settlement agreement or a judgment as a result of a trial. Settlements can be either lump-sum or as a structured settlement in which the payments are made over a period of time.[15]

In some countries, those prevailing in trial may recover their attorneys' fees from the opposing party. In the United States, a party may be able to seek sanctions when the other party acts without legal basis or justifiable cause. For example, if the opposing party continues to object to the complaint without significant reason or justifiable cause, a party may apply a motion for punitive damages or that the opposing party is harassing and or speculating without merit or reason. The American Bar Association's Model Rules of Professional Conduct proposes that lawyers should be prohibited from bringing – or defending – a lawsuit "unless there is a basis in law and fact for doing so that is not frivolous."[16]

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The manner in which attorneys are compensated for representing injured plaintiffs varies by jurisdiction. For example, in the United States, attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Depending upon state regulations, a plaintiff's attorney may charge 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter must be litigated. Attorney fees are negotiable before hiring an attorney.

Although some jurisdictions have historically helped people obtain affordable legal representation, those systems have typically been narrowed and may exclude personal injury cases. For example, in England legal aid from the government was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.[17]

Time limitation

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Many jurisdictions have statutes of limitations that determine how much time an individual has to file a claim. If a lawsuit is not filed in a timely manner the statute of limitations provides a defense that can allow the defendant to have the case dismissed with no compensation to the plaintiff.

In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring their claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.[18] Another exception is if the accident caused an injury, as an example industrial deafness, then the three-year period will start from when injured party knew or ought to have known that he or she had a claim.[19]

In the United States, each state has different statutes of limitation, and within a state different types of injuries may have different statutes of limitation. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, for an individual who begins experiencing severe back problems six months after a car accident, the statute would start when the back problems began.

In India, in case of motor vehicle accidents there is no time limitation for bringing a claim for compensation.[20]

Damages

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Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts may result in claims for both special and general damages.

Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.

In some cases, the injured might run their own businesses. The quantum assessment of the loss of profits (dividing into pre-trial and post-trial) requires forensic accounting expertise because the forensic accountant would consider various scenarios and adopt the best estimate based on the available objective data.[21]

In the United Kingdom, the Damages Act 1996 gives the Lord Chancellor the ability to set a discount rate which courts must consider when awarding compensation for future financial losses in personal injury cases, reflecting the expectation that a lump sum compensation payment will attract investment interest. In 2001 this rate was set at 2.5%. In 2017, Liz Truss, then Lord Chancellor, reduced the rate to minus 0.75%, because three year average of real yields on index-linked gilts had fallen since 2001 and because of her legal duty to treat people in receipt of injury compensation awards as "risk-averse investors".[22] In July 2019 the rate in England and Wales was increased to minus 0.25% following "extensive review" and in the light of concerns that "claimants were being substantially over-compensated" through use of the minus 0.75% rate.[23] The insurance industry has recorded concerns that the rate is still too low, adding to insurance costs and leaving England and Wales as "an international outlier" when compared with other jurisdictions.[24] The discount rate in Northern Ireland is minus 1.5%.[25]

No-fault compensation fund

[edit]

Some jurisdictions offer no-fault compensation systems for personal injury cases, or types of personal injury cases, whereby an injured person can recover compensation from a fund or insurance program without regard to who is at fault for the person's injury. For example, in the United States, most injuries that occur while the injured person is working for an employer are compensated through a no-fault workers' compensation system. In New Zealand, the Accident Compensation Corporation provides no-fault compensation to all accident victims (including medical malpractice), and personal injury lawsuits are rare (except in cases of reckless conduct).[26] Proponents of this system say that it results in faster, fairer awards to victims. Opponents argue that it can lead to moral hazards by encouraging people to engage in behavior they would otherwise avoid for fear of legal liability, such as putting out a trampoline for neighborhood children to use.[27]

United States

[edit]

Personal injury cases represent the most common type of lawsuits filed in United States federal district courts, representing 25.5 percent of cases filed in 2015.[28] Personal injury claims represent a considerably smaller percentage of cases filed in state courts. For example, in Illinois, tort claims represent approximately 7% of the civil docket.[29]

Insurance

[edit]

In the United States, personal injury in the sense of "bodily injury" to others is often covered by liability insurance. Most businesses carry commercial general liability policies.[30] Different states have different rules regarding auto insurance, but generally, a driver's liability insurance is available to compensate others whom that driver may inadvertently injure, and uninsured or underinsured motorist coverage is available to compensate the driver for injuries inflicted upon the driver by someone else. Therefore, an insurance company will provide a legal defense to the defendant and may settle with the plaintiff (victim).

Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, for the purposes of general liability, a 2001 survey found that a minority of courts included emotional distress within the definition of bodily injury.[31][32] Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.

In insurance, "personal injury," as typically defined, does not include mental injury that occurs as a result of defamation, false arrest or imprisonment, or malicious prosecution. For example, the Insurance Services Office standard general liability form has a section providing this coverage.[33] Some home insurance policies include personal injury coverage.[34]

Despite the general distinction between bodily injury and personal injury in insurance contracts, auto insurance known as personal injury protection (PIP) does cover medical expenses from bodily injury.[35] This type of insurance is available in some states, but not others.

In the U.S., twelve states and the territory of Puerto Rico have no-fault auto insurance systems, which provide financial support to those injured in car accidents.[36] Although the benefits will vary depending on the state, no-fault benefits will generally: (1) pay for an injured person's car crash-related medical bills and lost wages; (2) be paid by the injured person's own insurance company; and (3) be paid regardless of whether the injured person was at-fault for the crash. In Michigan, the Michigan Catastrophic Claims Association has historically helped catastrophically injured crash victims.[37]

Taxation

[edit]

In the United States, for federal taxes payable to the IRS, the money awarded in a personal injury settlement as compensation for pain and suffering, medical expenses and property damage is not ordinarily taxable. Exceptions may apply, for example, if a plaintiff took a tax deduction in a prior year for medical expenses that are recovered through a later judgment or settlement.[38]

Compensation for lost wages or lost business profits will typically be taxed.[38]

State laws

[edit]

In California, attorneys typically receive contingency fees of 35% of the total recovery obtained before a lawsuit is filed, and 45% if the recovery occurs after filing the complaint. In some types of cases, the judge handling the case may determine the total percentage of the settlement or the payment to the attorneys. Treating doctors or health care profession and/or insurance companies, Med-Cal, or other program paying for medical treatment may assert a lien against any recovery for what was paid to treat the plaintiff. These liens are paid once a settlement is reached or a judgment is received.

In California, according to California Code of Civil Procedure Section 335, the statute of limitations in California is 2 years from the date of loss.[39] A date of loss refers to the date in which the accident has happened. Minors in California who are filing a claim against an entity or person has until 2 years after their 18th birthdays to satisfy the statute of limitations. For governmental claims, both minors and adults have 6 months to file a claim with its corresponding jurisdiction according to Government Code section 911.2. After filing a claim to satisfy Government Code Section 911.2, the claimant has an additional 6 months to file a lawsuit against a government entity unless the entity accepts the claim.[40]

For wrongful death cases in California, people qualify to claim damages if they are the following: (1) the deceased person's surviving spouse; (2) the deceased person's domestic partner; (3) the deceased person's surviving children; or (3) if there is no surviving person in the deceased person's line of descent, then a wrongful death lawsuit may be brought by anyone "who would be entitled to the property of the decedent by intestate succession," which can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death. (California Code of Civil Procedure section 337.60). Otherwise a plaintiff will have to prove that financially dependency on the deceased person.

For automobile accidents in California, a plaintiff must show proof of financial responsibility (California Vehicle Code sections 16000-16078) to claim economical and non-economical damages.[41] Proving the minimum financial responsibility means that a person must be insured by the state's minimum coverage of insurance, which in some cases may be referred to "limited liability" type of insurance. If the plaintiff cannot prove financial responsibility, the plaintiff may be unable to obtain non-economic damages unless his claim falls into certain exceptions, including if the defendant is convicted of driving under the influence, the accident did not arise from the use of an automobile, or his claim is for product liability.[42]

United Kingdom

[edit]

Personal injury claims are awarded via civil action for torts like in the United States. The book Guidelines for the Assessment of General Damages in Personal Injury Cases, produced by the Judicial College, is influential in determining how much money is awarded by courts.[43]

See also

[edit]

Notes

[edit]
  1. ^ Smith, Turner T. (November 1983). "Environmental Damage Liability Insurance—A Primer". The Business Lawyer. 9 (1): 333–3Personal injury cases represent greatest amount54. JSTOR 40686553. ("Personal injury is defined to include 'bodily injury, mental anguish, shock, sickness, disease or disability.' Property damage means 'physical injury to or physical destruction of tangible property....'")
  2. ^ Diamond, John L.; Levine, Lawrence C.; Bernstein, Anita (2000). Understanding Torts. LexisNexis. pp. 3–4. ISBN 0769872344. Retrieved 3 December 2017.
  3. ^ King, Joseph H. (2004). "Pain and Suffering, Noneconomic Damages, and the Goals of Tort Law". Southern Methodist University Law Review. 57: 163. Retrieved 3 December 2017.
  4. ^ Kaczorowski, Robert J. (2017). "From Petitions for Gratuities to Claims for Damages: Personal Injuries and Railroads During the Industrialization of the United States". The American Journal of Legal History. 57 (3): 261–315. doi:10.1093/ajlh/njx015. ISSN 0002-9319. JSTOR 48545788.
  5. ^ a b c d Gifford, Donald G. (2018-09-25). "Technological Triggers to Tort Revolutions: Steam Locomotives, Autonomous Vehicles, and Accident Compensation". Journal of Tort Law. 11 (1). Walter de Gruyter GmbH: 71–143. doi:10.1515/jtl-2017-0029. ISSN 2194-6515. S2CID 158064216.
  6. ^ Girgen, Jen (2003). "The Historical and Contemporary Prosecution and Punishment of Animals". Animal Law Journal. 9: 97. Archived from the original on 29 December 2019. Retrieved 1 October 2017.
  7. ^ Smedley, T.A. (June 1960). "Wrongful Death—Bases of the Common Law Rules". Vanderbilt Law Review. 13 (3): 605–624. Retrieved December 10, 2022.
  8. ^ a b Witt, John Fabian (2004). The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law. Cambridge: Harvard University Press. p. 57. ISBN 9780674045279.
  9. ^ a b Witt, John Fabian (2004). The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law. Cambridge: Harvard University Press. p. 52. ISBN 9780674045279.
  10. ^ Pike, Richard, ed. (1888). Railway Adventures and Anecdotes (Third ed.). Hamilton, Adams, and Co. p. 269.
  11. ^ a b Witt, John Fabian (2004). The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law. Cambridge: Harvard University Press. p. 59. ISBN 9780674045279.
  12. ^ "Personal Injury Claims". American Bar Association. Retrieved 3 December 2017.
  13. ^ "Negligence". Wex. Cornell Law School. Retrieved 3 December 2017.
  14. ^ "Starting a Lawsuit: Initial Court Papers - FindLaw". Findlaw. Retrieved 2017-06-23.
  15. ^ "What Is A Structured Settlement? – Forbes Advisor". www.forbes.com. 19 September 2022. Retrieved 2024-09-23.
  16. ^ "Rule 3.1: Meritorious Claims & Contentions". www.americanbar.org. Retrieved 2021-04-29.
  17. ^ Gold, Stephen (2004-04-27). "Five years on are Woolfs reforms working". The Times. London. Archived from the original on June 11, 2011.
  18. ^ s.33 Limitation Act 1980
  19. ^ Cain, Oliver; Carr, Danielle (October 2018). "Litigation and enforcement in the UK (England and Wales): overview". Practical Law. Thomson Reuters. Retrieved 16 February 2019.
  20. ^ "The motor vehicles act, 1988" (PDF). Archived from the original (PDF) on 2012-04-28.
  21. ^ Kwok, Benny K. B. (2008). Forensic Accountancy (2nd ed.). LexisNexis. ISBN 978-962-8972-76-0.
  22. ^ Ministry of Justice and Truss, L., Change to personal injury discount rate, written statement to Parliament published 27 February 2017, accessed 22 February 2023
  23. ^ Ministry of Justice, Lord Chancellor announces new discount rate for personal injury claims, published 15 July 2019, accessed 20 March 2023
  24. ^ ABI, The Discount Rate change – what it means for customers, accessed 20 March 2023
  25. ^ Government Actuary's Department, Ogden Tables, Eighth edition (updated), accessed 20 March 2023
  26. ^ "No-Fault Compensation in New Zealand: Harmonizing Injury Compensation, Provider Accountability, and Patient Safety". The Commonwealth Fund. 24 February 2006. Retrieved 2 July 2017.
  27. ^ "Comparing Family Life In New Zealand And The U.S." NPR. Weekend Edition Sunday. 19 March 2017. Retrieved 2 July 2017.
  28. ^ "U.S. District Courts - Judicial Business 2015". United States Courts. Administrative Office of the U.S. Courts. Retrieved 3 December 2017.
  29. ^ "Court Statistics Reveal Civil Lawsuit Filings are Dropping". Illinois Trial Lawyers Association (Itla). 4 February 2016. Retrieved 3 December 2017.
  30. ^ "Types Of Small Business Insurance – Forbes Advisor". www.forbes.com. 11 October 2021. Retrieved 2024-09-23.
  31. ^ Adler MB. (2001). Insurance Coverage 101 for Policyholders: The Basics of General Liability Policies. Coverage No. 4, 22.
  32. ^ Farrell-Kolb K. (1997). General Liability for Claims of Emotional Distress: An Insurance Nightmare. Drake Law Review.
  33. ^ Stanovich CF. (2007) No Harm, No Coverage—Personal and Advertising Injury Liability Coverage in the CGL (Part 1).
  34. ^ Evaluating Homeowners and Renters Insurance Policies. Citizen Media Law Project.
  35. ^ "What Is Personal Injury Protection (PIP)? Do You Need It? – Forbes Advisor". www.forbes.com. 26 August 2022. Retrieved 2024-09-23.
  36. ^ "Background on: No-fault auto insurance | III". www.iii.org. Retrieved 2021-04-29.
  37. ^ "MCCA > Home". www.michigancatastrophic.com. Retrieved 2021-04-29.
  38. ^ a b "Settlements — Taxability" (PDF). IRS. Internal Revenue Service. Retrieved 3 December 2017.
  39. ^ "Statute of Limitations - getting_started_selfhelp". www.courts.ca.gov. Retrieved 2021-10-10.
  40. ^ "Law section". leginfo.legislature.ca.gov. Retrieved 2021-10-10.
  41. ^ Harleston, Jerome (November 12, 1999). "CALIFORNIA PROPOSITION 213".
  42. ^ "Law section". leginfo.legislature.ca.gov. Retrieved 2021-10-10.
  43. ^ "Judges are not obliged to follow the Guidelines. Inevitably, however, they are extremely influential, in particular with conditions such as mesothelioma about which few judges have any specialist knowledge" "Ball v Secretary of State".

 

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