If your answer to all the above questions are yes,
then what are you waiting for???

What is an Accident?

Any incident that happens without your prior knowledge, and for which your ‘persona’ in body or mind undergoes suffering of any kind unwillingly, whether physical or mental can be termed as an accident. This definitely is a very broad definition of the term, but if you look deeply into any incident, this is the ultimate explanation that you can arrive at.

The legal dictionary defines accident as an event occurring suddenly without any prior intention that may arise out of ignorance, carelessness, some other causes that may be combined together, which would produce such a result that the victim becomes legally entitled to receive a monetary compensation.

Why Should You Take Assistance of an Attorney?

Any incident that causes you suffering can be categorized as an accident or a misfortune. Now you might think, if I buy a product and it turns out to be defective, can I term it as an accident? You can, if you consider it in term s of your expectation and the amount of financial loss that you would have to sustain, which would again have a direct effect on your body and your mind. But it is better to term it as a misfortune.

You have spent your hard earned bucks for the product that you had bought. The seller is bound by the terms and conditions to give you a product worth its price. It is his responsibility to check out that all saleable in his store is in perfect condition. If he fails to do so, and you land up buying a defective product, you are liable for a compensation claim. There can be innumerable grounds on which you can claim personal injury compensation.

Workplace Accidents pertain to physical and mental injuries arising during the tenure of your activity in the work place. You can claim a compensation for personal injury if you are injured in any of the following ways.

• If you trip over or have a fall that leads to breaking of your bones.
• If you lose your vision or hearing or sustain a brain injury due to an accident occurring at your workplace, or due to professional hazard.
• If you succumb to paralysis due to an accident that happened at your work place.
• If you sustain any other injuries apart from the above mentioned ones at your workplace due to carelessness on the part of your employer.
• If you are diagnosed with an industrial disease related to your work industry.
• If you face sexual abuse from your employer, colleagues or any other member concerned with your workplace.
• If you have been exposed to harmful substances by your employer and you develop a disease or an illness as a result.

You can also avail of a personal injury claim if you have been victim to the malpractices of a medical practitioner. Medical Malpractice may arise out of

• surgical inefficiency,
• prescribing incorrect or banned medications,
• carelessness or ignorance, or
• unawareness on the part of the medical practitioner.

The possible results of medical malpractice may be-

• birth injury,
• brain injury, visual or hearing imparity,
• any other kind of physical disability, or
• death

Now, people in general may not be aware of such physical complications that may arise out of an accident whether in the workplace, or by an automobile. They are also unable to gauge the far fetching consequence of a medical malpractice.

Moreover, the traumatic experience that an individual affected by an accident or medical malpractice undergoes is too exhaustive and expensive. Sometimes it so happens that the victims life comes to a stand still, as he/she is unable to decide what should be the right decision that needs to be followed, that would bring that inertia back to his/her life.

It is at this particular point of time, that a person affected by an accident or a misfortune needs experienced legal and general guidance. This he can receive only from experienced legal practitioners, who have dealt with innumerable cases as such and can advise the person to go ahead on the right track.

Particularly in cases of accidents that lead to brain injury, it is very difficult to decide the level of the harm caused. The different categories of brain injury are- closed or open head injury, traumatic brain injury and acquired brain injury, which can be at the level of being severe, moderate or mild.

Brain injuries can be life threatening or may lead to limitations of physical functions like paralysis or mental malfunctioning and severe mental limitations. Often people become victim to moderate brain injury, which leads to impairment of the individual in the cognitive, physical or behavioral aspect that can last for a temporary phase of time or may become permanent. Sometimes victims of an accident sustaining a brain injury recover completely, while sometimes they adapt means to compensate the deficiencies that they have to bear.

When individuals become victim to traumatic brain injury, they suffer silently without even knowing that they are bearing an injury that is ‘invisible’. Such people do not even understand that something is wrong. There can be innumerable symptoms of traumatic brain injury, which can range from-

• being unconscious
• having blurred visions
• slow breathing rates with increasing blood pressure
• lethargy
• headaches
• emotional responses that are inappropriate, such as- getting irritated or frustrated easily, sudden crying or laughing,
• other symptoms, like-vomiting, lack of control over bowel or bladder, paralysis, coma, problems with balance and dizziness, and many more .

Though it is true that money received from compensation claim cannot restore the initial physical or mental health of the unfortunate victim or his family, or cover up the loss of the family, it can provide some sort of support. It can help the accident victim and his /her families ease out the monetary burden arising in the present, and cater to the medical needs that will arise in the future.

As there have been instances of victims suffering from traumatic brain injury undergo severe changes in the cognitive, social, physical, and vocational areas, that might have a short term or a long term effect, it is always that they take the advices of a legal practitioner or an attorney, who will show them the right way to deal with such situations.