Learn the basics of personal injury claims
An accident can happen to anyone at any time or place which can have severe implications on the life of an individual. Accidents usually happen due to someone else’s negligence. For instance, if you have gone out for shopping & while crossing the road a motorcycle rider came from behind and hit you which left you suffering from a personal injury such as a fractured limb… what could you do?
You can actually make a claim for compensation for the personal injury you suffered due to the negligence of the careless motorcycle rider.
Personal injury is referred to a type of tort lawsuit; it is a legal right given to a person who has suffered injuries due to someone else’s negligence or fault. A personal injury encompasses injury caused to the body as opposed to the property. Personal injuries can be either physical or psychological and can be caused in various situations such as:
• Road traffic accidents
• Whiplash injury
• Professional negligence
• Slipping or tripping accidents
• Home accidents
• Holiday accidents
• Mental distress
• Workplace accidents or occupational hazards including industrial diseases like asbestosis, mesotheliome or others
It’s always advisable to gather all the evidence regarding the personal injury sustained by you. For instance, in case of traffic accidents you can report to the police or in case of work accident you can record the accident in the record book of your organisation.
You may even take photographs of the accident and make note of how the accident happened along with the aftermath details.
You should also inform about your personal injury to your insurance company and also get a medical report from the doctor. All these documents will help you, in case you make a compensation claim.
Personal injury may not its show symptoms immediately after the accident; rather, it may take a few days or even months, before the symptoms appear.
So, it’s important to pay heed to all types of personal injuries, minor or major.
In the UK, one can claim for compensation within 3 years from the day, the injury happened or since when you came to know about the injury. In case the injured is below 18 years, then he/she can file before their 21st birthday.
Personal injury may sometimes lead to permanent disability or even death and in such cases, spouse, children or relatives of the victim can claim for compensation.
The amount of compensation varies according to the nature and extent of the injury suffered by the plaintiff. One may either claim for general damages or special damages and accordingly the compensation amount differs.
In the UK, there is “No Win, No Fee” or Conditional Fee Agreement (CFA) for personal injury claims where you don’t have to pay any legal charges if you don’t win the claim.
In a previous incident a shop worker slipped on a paper which was left on the floor of her workplace, she fell down and broke her wrist along with sustaining a leg injury.
For several weeks her wrist was put in a plaster and she was dependent on her family members for care. But, despite her injury healing up & numerous physiotherapy sessions, she couldn’t achieve complete recovery as she was still unable to lift heavy objects. The shop worker asked for a personal injury compensation claim following her accident at work and before the trial, she was offered an acceptable compensation by the employer’s insurer.
The Workplace (Health, Safety and Welfare) Regulations 1992 cover all the basic health, safety and welfare issues at workplace. The employer has the ‘duty of care’ towards the safety & well being of all his workers, but if some mishap happens then the worker can claim compensation for personal injury at workplace.
Updated on 21/10/2009