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Published On: Fri, Sep 15th, 2017

Personal Injury Claims: The Complete Guide

Very often, people get hurt even though they did nothing in particular for this to happen. Whether it is on the streets or in a private institution, no one is guaranteed to be safe from getting injured by others. However, certain mechanisms have been put in place by the law in order to alleviate the damages one has suffered. These procedures are commonly referred to as personal injury claims. 

photo/Claim Accident Services



What are personal injury claims? 
First of all, a personal injury claim is a legal case. People can have recourse to it if they have been injured by someone else’s fault. If somebody does resort to it, he will be able to recover compensation from the person who has caused the injury. It is worth mentioning that certain criteria have to be met before one can even start considering this as an option. 
– First and foremost, the injury must not have been self-inflicted – one cannot sue oneself
– Furthermore, the injury must have caused both a physical and a financial suffering 
– Finally, it must not have happened more than three years back 

Who is eligible for this type of claim?
The most important condition that has to be met for a person to be eligible is that the latter must be at least 18 years old. However, it is also possible for an underage person to seek compensation. All he has to do is to be accompanied by a person who meets the aforementioned criteria. 

What can a person claim for? 
There is a variety of compensations that can be claimed when a person has been physically hurt by someone else. In fact, it is also possible to recover many additional costs that have been incurred as a result of the injury. These are: 
– Loss of earnings – if the injured party was going to work or was about to carry out some business, the incident will result in some income being lost. It is, therefore, possible for that person to claim the amount of the loss.
– Assistance for household tasks and care – sometimes, a personal injury may be consequential to the point that one might not be able to carry out one’s daily routine, including household tasks. In this type of situation, the plaintiff can make the wrongdoer pay for any assistance that he might need as a result of the injury. This also applies for the care that he might need if he is, for example, paralysed. 
– Hospital costs – everything that had to be paid for at the hospital, for instance, scans and treatments.
– Medicines – some injuries require the wronged party to be on medication for quite some time. Given that medicines can be really expensive, it is possible for the claimant to seek compensation for the costs of the drugs. 

The no win no fee arrangements 
People are often reluctant to resort to legal actions due to the fact that they require money. As a matter of fact, what would be the point of spending money to seek compensation when there is no guarantee that the lawyer will even win the case? This will more likely result in a financial loss rather than reimbursement. To avoid this issue, there is a type of arrangement that plaintiffs can make with their lawyers. It is called a no win no fee claim and the idea is that the claimant does not have to pay the solicitor if he loses the case. There is no upfront payment either, as the lawyer’s fee in this kind of agreement is a percentage of the compensation. 

Is the process time-consuming? 
The length of the process mainly depends on the nature of the accident. If, say, a person is suing his employer, the case will take a long time to be settled, as there are more elements to be analysed. Moreover, companies are more likely to have a board of legal advisors that make the task more daunting. On the other side, cases concerning road traffic accident claims are quickly resolved. It is worth noting that it is also the case for car accidents. 
 
How much compensation can one possibly get? 
The main element that is taken into consideration for deciding the amount that has to be paid is the seriousness of the injury. For instance, people who sustain injuries to the head can claim the highest amounts. This is due to the fact that such wounds are more like to have significant consequences. As a matter of fact, if the court deems an injury to the head to be very serious, the injured party might receive a compensation worth more than £300,000. In contrast, a moderate injury to the hand can even amount to only £650. 
For more information regarding personal injury compensation, contact WinWales.

Injuries that can lead to a claim 
– Employer liability – also referred to as accidents at work, it concerns injuries sustained at one’s workplace. This might happen because the employer has not complied with health and safety regulations. Another common reason for this occurring is that, very often, employers do not provide their employees the appropriate training required to handle certain equipment or materials. 
– Fatal and life-changing injuries – people are sometimes wounded so badly that it totally affects the way they live the rest of their lives. Moreover, people whose relatives have suffered such an injury can also claim compensation. 
– Medical negligence – this concerns injuries that result from a mistake which has been made by a professional medical practitioner. It might be a surgeon, a doctor or even a nurse.
– Road traffic accidents – these are incidents that have happened on the road. A car insurance only covers the costs of repairing the damage that has been done to the vehicle. However, the health needs are not catered for by this type of indemnification. 
– Falling or slipping – contrary to popular belief, people can file such claims even if they have slipped or fallen. However, it must not have been the plaintiff’s fault and this must be proved beyond reasonable doubt in court. The reason this type of incident is eligible is that it can lead to serious injuries such as a skull fracture or broken bones.

Author: Mahendra

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- Outside contributors to the Dispatch are always welcome to offer their unique voices, contradictory opinions or presentation of information not included on the site.

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