Legal Services India - Personal Injury : An Overview
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Personal Injury: An Overview

Written by: Aditi Sambhar - 2nd Year Student B.A.LLb. (Hons),Jamia Millia Islamia
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Personal injury cases are brought about by physical injury or mental anguish caused by actions or negligence of another party. Personal Injury cases can include Auto Accidents, Defamation of Character, Product Defects and Medical Malpractice to name just a few. In order to be sure if your personal injury case has validity in the eyes of the law, contact a legal professional in your state.

If you suffer accidental personal injury or damages through the fault of another, that person or business is legally responsible (liable) and can be required to pay compensation. To determine responsibility, the court looks for negligence--carelessness by one of the parties involved. Whoever is determined to have been less careful (i.e. more negligent), is legally responsible for at least part of the damages incurred. Compensation is generally awarded based on the strength of your documentation and degree of injury. A legal professional is recommended in Personal Injury cases over all others in order to maximize your 
compensation in the face of the Insurance companies, which normally defend such cases.

Personal injury cases are serious matters. They often involve grave injury, permanent disability, and even death. Victims depend on the personal injury lawyer to recover financial damages that are required to cover their medical treatments, replace permanently lost income, and compensate for their pain and suffering.
Without a qualified, experienced personal injury lawyer, their chances of receiving fair compensation plummet. That's why its really important that, if youve been a victim of personal injury, you choose the right personal injury lawyer to represent you. Here are a few things to consider when making your selection:
Choose an attorney who specializes in personal injury Your personal injury lawyer should be able to accurately assess the merits of a personal injury case, approximate its monetary value, and determine the best strategy for pursuing it. He or she should also have extensive experience in the field. Your personal injury lawyer should also who keep current with the latest developments in personal injury law.

Choose a personal injury lawyer experienced in dealing with insurance companies Insurance company lawyers represent most personal injury case defendants. These corporate lawyers seek to pay out the least amount possible, so an inexperienced personal injury lawyer may be at a disadvantage in these negotiations. Therefore, choosing a personal injury lawyer with a proven track record of successful negotiations is essential. Choose a personal injury lawyer with trial experience.

Although most personal injury claims are settled out of court, personally injury lawyers sometimes obtain favorable settlements by threatening to take cases to trial. The defendants are often willing to pay out more money to the plaintiffs to avoid expensive trials, negative publicity, and the chance that a court would award the plaintiffs more money. In this case, experience is key: if your personal injury lawyer has never won cases in court, the defendant in your lawsuit may not take the threat of going to trial seriously.

An analysis of law relating to Accident Claims in India:
With the development of civilization, act of negligence have become actionable wrong. In the English Law any person or the legal representative of deceased person who expired on account of negligent act of other can besides instituting criminal proceeding, recover damages under the Law of Torts.

Third Party Insurance:
In India, under the provisions of the Motor Vehicles Act, 1988, it is mandatory that every vehicle should have a valid Insurance to drive on the road. Any vehicle used for social, domestic and pleasure purpose and for the insurer's business motor purpose should be insured.

Road Traffic Injury & Accidents:
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries.

The author can be reached at: sambhar@legalserviceindia.com / Print This Article

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