Personal Injury
Personal injury is any violation of an individual's right, other than his or her rights in property.
The term personal injury is not confined to physical injuries, although negligence cases usually do involve bodily injuries.
A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident.
The most common type of personal injury claims are road traffic accidents, accidents at work, highway tripping accidents, assault claims, accidents in the home, and holiday accidents. Indeed, there are a multitude of types of accident and the term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions which are often classified as industrial disease cases. Industrial disease type cases include asbestosis and 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 dermititus, and repetitive strain injury cases.
Where the accident was not the individuals fault, they may be entitled to compensation.
In some areas, 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, if the injured party was under the age of 18 at the time of the accident, then they have up until the day prior to their 21st birthday to commence proceedings. Legal Aid for personal injury cases was largely abolished in the late 1990s and replaced with "no win, no fee" arrangements.
