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Legal Advice On Personal Injury Caused By An Accident

By Author: Boyd Rankin
Total Articles: 77

We all face accidents in our daily lives. They always come unexpected in most bizarre of the situations even when we think we were "reasonably secure" in that case. Frequently, we take insurance policy to cover the damages caused by them. The problem escalates in cases when we get a personal injury in some of them and the insurance cover refuses to cover them; or it is caused by negligence of doctor or healthcare specialist who has made the mistake during treatment process where it should have not made under normal circumstances. In such cases, it is advisable to take legal course to claim your right for compensation for the negligence caused.

What is Personal Injury?

Personal Injury is a legal umbrella term which is used to address all those injuries caused to victim's body, mind or emotions. A victim who suffers from damages, which include bodily injury, intentional infliction of emotional distress (IIED), and negligent infliction of emotional distress, can claim compensation for all such cases if he succeeds to win his case in the court.

What does Intentional infliction of Emotional distress (IIED) mean?

IIED addresses a problem that would arise when a common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED prevents this emotional abuse, allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form. In this case it is important to prove that the emotional distress suffered by the plaintiff is "severe."

What is Clinical Negligence?

'Clinical negligence' is the legal term used to describe a medical accident where a patient has to face personal injury because a doctor or other healthcare professional has not given the proper standard of care when it should have . It is not due to the complication which has occurred during the treatment process. It includes things such as surgery mistakes, administering wrong drugs or making incorrect diagnosis. In the broader spectrum, it includes doing unwanted things such as not providing the correct treatment; not getting patient's consent to treatment or not warning about the risks of a particular treatment. If you or your relative has been the victim of clinical negligence, you can make a legal claim to get compensation.

What should you do if you are a victim of clinical negligence?

Make sure that you are getting the right treatment to try and correct the injury. Try to get a second opinion or ask your doctor to refer you to another hospital or clinic. Take help from friends and family also. Once you have taken charge of your health, think about what you want to do next. You should demand a full explanation and if possible, an apology. You can make sure that the same mistake is not made again or demand compensation.

Keep in mind that it is better to consider legal option only as a last resort. This option can only get you compensation, but nothing more. For this, it is important to gather as much evidence as you can to make a strong case while claiming for compensation for clinical negligence caused by the hospital or any of the health staff including doctors.

The Article is written by www.upcounsel.com providing San Francisco Patent Lawyer. Visit for more information www.upcounsel.com.

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