Personal Injury Law, like anything involving legal terms and loopholes, can be quite complicated.
However many people understand that, if you have suffered an injury and it wasn’t your fault, you could be entitled to make a compensation claim for your injury.
Like all legal cases, it comes down to evidence. You need to be able to prove without reasonable doubt that your injury was clearly the fault of another person or organization.
The law does recognize that sometimes accidents do happen and there is nobody to blame, so being able to identify someone that is legitimately to blame is the first step to making a personal injury compensation claim.
What Constitutes Personal Injury?
Personal injury is classified as anything that causes harm to an individual, this can be a physical injury such as broken bones, a psychological injury such as severe anxiety or depression, and even illness and diseases such as respiratory illness resulting from working around materials that give off toxic fumes, or being over-exposed to dust.
In a lot of cases personal injury does result from accidents and accidents are some of the most common causes involved in personal injury cases.
Some of the most frequent types of accidents involve the following.
- Accidents at work
- Road Traffic Accidents
- Warehouse Accidents
- Factory Accidents
- Falling From Height
- Slips and Trips
- Agricultural Accidents
- food poisoning
However, personal injury cases can also involve some more complex situations such as medical and surgical malpractice, harm caused by defective products and also defamation of character.
Do I Need To Go To Court?
If you have decided to make a personal injury compensation claim it is not always necessary to go to court.
Your attorney will engage in discussions with the party at fault, whether this is your employer, or another company or organization and attempt to arrange an out of court settlement.
You can use a power of attorney if you would rather not participate in the negotiations and would like your lawyer to handle all of the details.
If the other part agrees that they are to blame for your injury then they will come back to you with an offer of compensation.
It is then your decision to accept this offer or alternatively to fight for a higher level of personal injury compensation claim.
Even when court proceedings have already begun an out of court settlement is still allowed to be reached as long as the case has not been handed over to the jury.
How Much Could I Get?
Every person that claims compensation for personal injury is entitled to claim for two kinds of damages. General damages encompass recompense for pain and suffering as well as any future losses that may be had as the result of the injury.
Special damages are calculated to cover the financial losses you have already suffered e.g. loss of earning, and expenses relating to medical treatment including transport to and from your hospital and also the cost of prescriptions.
The amount of compensation of both kinds will entirely depend on the type and severity of your injury, in order to appropriately calculate this, your lawyer will require evidence from a variety of sources.