Personal injury and what it means
Personal injury is either mental distress or physical injury caused by the negligence of another party. Personal injury can be bought about by a variety of situations including; Vehicle accidents, Defamation, Accidents in the workplace or medical malpractice amongst plenty of other situations. If someone believes they have been subjected to personal injury, it is wise to seek advice from a solicitor as to determine whether the case is valid.
If a personal injury is experienced and it is the fault of another party, that party may be liable to pay compensation for the damage caused. The compensation is determined on account of the courts that will decide who is most careless in the situation at hand. When it is decided who was less careful, that party is responsible for some of the damages incurred.
Personal injury cases are taken very seriously and can range from a minor discomfort all the way to fatality. The persons suffering from the injury rely on a personal injury solicitor to recover compensation that can cover a range of expenses including medical bills, lost income or pain and suffering.
If someone wishes to make claim for personal injury caused through negligence then there is a time limit of 3 years. The court proceedings must have been issued within 3 years of the accident. There are some allowances but it all depends on the severity of the case.
Claiming for a personal injury can be quite expensive, although there are plenty of options and ways of getting help. Some people are able to gain financial legal help if they are:
- Eligible for, and working with a solicitor that provides legal aid
- Under an agreement that involves a conditional fee
- Part of a trade union, RAC or another membership union
- Have an insurance policy that covers the legal expenses involved for personal injury
Most people suffering with personal injury are already experiencing financial struggles due to time off work or having to pay medical bills, so it is well worth doing the research to see if funding is available as this can ease the financial stress that making the claim can cause.
What can I claim?
If a personal injury has taken place and an accident claim is to be made, there are two sorts of compensation that can be claimed for. These are general damages and special damages.
General damages can be given as compensation for injury. This can include payment for pain and suffering or loss of future earnings. The courts will decide on the amount paid towards the accident claim.
Special damages are received for actual financial loss caused by the accident up to the date of the hearing. This can include; transport expenses, medical bills and damage to property amongst other things.
In some cases, both parties are partly to blame for the accident. For example, in a road accident, one party may be at fault but the other party was not taking precautionary measures like wearing a seatbelt. If a claim is made for an accident like this, deductions can be made on the compensation.