Accidents resulting in physical damage occur in a large variety of circumstances, such as traffic, workplaces and public places. These public places range from sidewalks, or supermarkets, to hospitals. From a medical point of view, personal injury cases are a family of occurrences. This means there is no common point between all personal injury cases. Instead, there is a major legal treat they all share. From a legal point of view, all personal injury cases are negligence cases. In all valid personal injury cases, someone, who is most often insured, owes the victim a legal duty of care.
Medical aspects
G.P.’s, dentists or hospital staff that participate in your recovery don’t have the legal capacity to assess the personal injuries that you sustain. The only medical experts who may formulate legally valid reports on your medical condition are the medical collaborators of legal experts.
When you hire a solicitor, this independent legal expert is entitled by the law to perform the primary assessment of your medical condition. A medical-legal booklet, issued by the legal authority, is the legal base of this assessment. This preliminary check helps your solicitor to instruct his medical staff on the focal points of their later professional assessment. The medical-legal report included in your personal injury claim file will be the result of intent investigations carried out in your best interest. The court will decide upon the amount of compensation you are to receive following these reports.
Legal aspects
All personal injury cases are negligence cases because all drivers, managers of workplaces and managers of public places owe you a duty of care. The gravity of the established negligence varies from one case to another. Some cases result from neglect, others from human errors, and few of them result from malevolence. The amount of compensation you are entitled to will vary accordingly, so it is best for you to entrust an independent law expert to assess the gravity of negligence in your particular case. (more…)