Personal Injury Claims
Guide to Personal Injury Claims
Among the most common reasons for making personal injury claims are injuries in the workplace, those sustained in road traffic accidents or when you have tripped or slipped over on a hazard in a place of public access and have sustained an injury. As long as the accident which caused your injuries was the result of third party negligence, and there has been a failure in the duty of care to you, you should be eligible to make personal injury compensation claims for your injuries. Personal injury claims are not restricted to accidents, and personal injury claims for compensation can also be filed if you have contracted a disease in the workplace, or have been injured due to medical negligence.
Choosing a Personal Injury Claims Solicitor
A personal injury claims solicitor is the best person to contact for advice on making a claim for compensation. This should not cost you any money initially, as most personal injury claims solicitors will offer an initial consultation free of charge. It is only when you decide to initiate a claim for compensation that you will be liable for any legal costs associated with the claim, including your solicitor´s legal fees and any expenses such as court costs.
Many television adverts by personal injury claims companies suggest that there is no cost associated with an unsuccessful claim and it will 'not cost a penny in legal fees'. We believe that this claim is somewhat misleading. Defence costs can be considerable, and many unsuccessful claimants not only have to suffer the financial losses caused by their injuries, but may be faced with a large unexpected legal bill adding a second injury to their situation.
This should not put you off either making personal injury claims for compensation or from seeking legal advice. Even though unsuccessful personal injury claims may not necessarily be not cost free either, it is possible to avoid paying third party legal costs by taking out an insurance policy.
Personal Injury Claims Values
The compensation claimed will reflect the seriousness of the injuries, the cost of treatment, and how long the symptoms of the injury are expected to last. A personal injury claims solicitor is the best person to ask for an evaluation of a claim, and how much compensation is likely to be awarded. Compensation payments can range from a few hundred pounds to several million pounds for serious injuries, permanent disability and for fatalities.
A claimant may not be totally blameless for an accident, and may have contributed to the severity of their injuries, or may have been partially responsible for the accident itself. As long as the accident and injuries were not primarily the fault of the claimant, compensation should be awarded, although it would be reduced to take into account any personal negligence. In cases where more than one third party is to blame, the percentage of their contributory negligence will be ascertained, and separate personal injury claims will be filed against each negligent party.
How Compensation is Awarded in Personal Injury Claims
Awards of compensation in personal injury claims are divided into special damages and general damages. General damages are concerned with compensation for pain and suffering caused by the injuries. General damages also cover any loss of amenity as a result of the accident, such as an inability to play a favourite sport.
Special damages are concerned with financial costs and expenses arising from the injuries. Not all personal injury claims will warrant making a separate claim for special damages, however if there is any financial cost which has been directly caused by the injuries, provided the expenses can be supported with receipts, they can be added to the claim. Special damages can include any loss of earnings through sick leave, including loss of overtime, transportation expenses, home help costs, and future treatment costs.
Personal Injury Claims Conclusion
You should always contact a personal injury claims solicitor for advice about personal injury claims, as it is important to be given information which is specific to your situation. A personal injury solicitor will determine your eligibility to claim compensation, and will be able to give you an indication of how much compensation you can claim based on your injuries. They will also be able to provide important advice on the claims process, and what you need to do next in order to proceed with a claim.
A personal injury claims solicitor will advise you on the time period for claiming compensation.