People who have suffered from personal injuries because of the negligence of others can get compensation for the expenses incurred, as well as for the loss of income. Accidents can happen anytime. For this reason, it’s important to arm yourself with knowledge so you’ll know what to do in case you or your loved ones are faced with such a situation.
Personal injuries do not only cover the physical pain, but also the emotional distress you experience as a result of what has happened. There are different types of injury claims and they include work accidents, medical negligence, road traffic accident claims, product defect problems and tripping. If you experience physical and emotional suffering caused by the negligence of another person, company or organisation and you wish to seek payment for these damages, you may file a claim for compensation.
Legal action needs to be taken if you wish to get injury compensation. Unless you’re an expert in this field, you need to seek legal assistance to help you with the process. Find a reputable lawyer that specialises in injury claims. These professionals know the ins and outs of these matters so you’ll get better chances of winning your case and receiving the maximum amount that you can get. As mentioned, you need to prove that your loss and suffering were caused by the other person(s) or company to be awarded for your claims. Your lawyer will help you in getting all the needed evidence to make your case strong.
Crucially, you must first decipher who to make the claim against. Is it an individual or a company? Is it an employee or the employer? If pursuing a case against an employee it is important to discover if the accident took place within the “scope of employment” (respondeat superior). This is a legal doctrine whereby the employer is responsible for the actions of it’s employee if an incident takes place within their ‘scope of employment’. For example:
“Paul is a bread delivery man working for Bread Ltd. On his daily delivery route Paul crashes in the rear of your car at a red light. In this situation Paul’s employer Bread Inc would be liable for any damages as the accident took within Paul’s ‘scope of employment’.
If however, Paul took a detour during his delivery route, and paid a visit to a friend, and en route crashed into your car at a red light, then Bread Ltd would not be liable. Paul himself would be liable as this route was not within his ‘scope of employment’.
Getting the help of these experts is vital as non-professionals may find the procedure time consuming and complicated. One of the reasons claimants have second thoughts hiring an injury lawyer is the service cost that they need to pay. The good news is that there are reliable “no win, no fee” lawyers that do not require immediate payment. They will only be paid if they win your case. The fee consists of the hourly bill and the success fee that is not more than 25% of the damages. It can be a smart decision as filing for claims on your own can be more expensive if you’re not aware of the process. Furthermore, it might take longer for you to get the claim and the amount may also not be the maximum amount that you can get. Keep in mind that there is a time limitation on when you can file for your claims. If you are unsure if the time limitation applies to you it is best to consult a personal injury lawyer.
Injury Claim Damages
Personal injury damages determine the amount that will be received for the claim for compensation. These damages are categorised into two. They are special and general damages. Special damages are financial loss and expenses that can be clearly measured; including lost earning and medical expenses. General damages on the other hand refer to damages, the cost which may not be mathematically measurable like lower quality life, mental distress, loss of consortium, pain and suffering.
As mentioned, special damages are claims that would compensate for expenses and loss of income incurred due to your injuries. All the receipts of the expenses that are related to the injuries must be kept, as they would be used for the calculation of your claims. Your lawyer will help you get a reliable estimate of other expenses that you may have in the future, that are still related to the injuries. For instance, if your work injuries prevent you from going back to your usual job, loss of income can be added on the claims, since you will not earn if you don’t work. This is also true with your pension contributions.
The defendant’s insurance company would be responsible for handling the accident compensation claims you filed against their client. Most of these companies would offer settlement. However, this settlement can be lower than the amount that you could get. Whether you decide for a settlement or proceed with filing your case, getting the help of a lawyer is needed so you could get the compensation that’s right for you.
The calculation for general damages is more difficult since there’s no specific cost or value that can accurately measure them. However, a specific amount is given to determine the claim compensation, although several factors could affect this. Some of these factors are the thoughts of the jury, how good the lawyer presents the case, as well as the seriousness of the injury. That being said, the amount for these damages could vary from one claimant to another.
Accident at Work Claim
Business owners or employers are responsible for the safety and welfare of their employees in the workplace. The Health and Safety Executive encourages, regulates and enforces health, welfare and safety in the workplace that companies must conform to. If you got ill or suffered from an injury in the workplace due to your company’s negligence, work injury compensation can be claimed.
Like any other type of case, this negligence must be proven in order to be rewarded for your injury at work claim. However, this is not always easy, even if you feel that the company’s negligence is clear. This is why it’s recommended that you get the help of an injury lawyer to strengthen your case for your work claim.
Some of the most common work injuries include the following:
• Amputation of arms and legs
• Injuries on spinal cord
• Brain damage
• Head injuries
Common causes why employees get injured at work include:
• Improper or inadequate training
• Negligence of other employees
• Not conforming to the health and safety regulations mandated
• Unsafe machineries used
• Toxic substances around the premise
• Hazardous processes in the company
• Tripping, falling or slipping in the workplace
Your claim can cover for your lost earnings, if the injury or illness prevents you from getting back to your job. This would also compensate for your medical bills, as well as expenses incurred for traveling to and from the hospital, which are also related to your injuries or illness. Even if you were partially at fault for what happened, you may still file for work injury compensation if it’s proven that it’s mainly the company’s fault. Some claims end up in settlements. Cases filed in the court could take a few months or longer before the final decision is made. However, a good lawyer would work to win the case and get the verdict as quick as possible.
Car Accident Claims
Some of the most common injury claims are car accident claims. There are several factors why a road traffic accident may happen, including driving under the influence, driving over the limit, slippery roads and driving out of focus. Many people have been hurt and died because of these accidents. If you were involved in a collision and suffered injuries due to negligence of the other driver, you may file for road accident compensation.
If you are awarded car accident compensation, you will be covered for the expenses brought upon by the car accident injuries. This compensation depends on the severity of your injuries, but you will be paid for the medical expenses incurred, as well as income loss in case your injuries prevent you from going back to work.
It’s important to get the details of the other driver. In case he doesn’t want to give you any information, take note of the plate number of his vehicle. Take images of the scene, whether it’s using a digital camera or your smartphone as you could use this as proof to win your case. Call the police and make a report, as this is needed for filing road traffic claims. Even if you think that you may also be at fault, it is best to speak to a legal professional before talking about the incident. Anything you say can be used against you. Get help from a trusted lawyer to help you with your road accident compensation claim. Even when you feel that you’re partially at fault, you could still get car crash compensation. Although it may not be as big as the amount that you will receive if you were completely not at fault, it would still help to cover the expenses and financial loss that you incur.
See below; Dr. Rosemary Leonard and Jeanette Miller, a personal injury lawyer, discuss the various factors when pursuing car accident claims on BBC breakfast.
Motorbike Accident Claim
Like car accidents, motorbike collisions are also common causes of personal injuries. The number of people driving motorbikes or motorcycles is continuously increasing. This may be because it’s faster and easier to get somewhere using one, especially on narrow roads and it’s also cheaper to purchase and operate than a car. However, riders are also at risk of meeting accidents that could cause serious injuries or even death.
Reckless driving, slippery roads, objects on the road, fast driving and driving out of control may all cause devastating accidents. If you are involved in one, if possible, it is best to get the help of a credible lawyer that specialises in motorbike accident claims. They will advise you on the right thing to do, which involves getting the information of the other driver, names and contact information of witnesses, as well as photos of the scene. If you need to be rushed to the hospital, ask someone to do it for you. If you are able to contact your lawyer, they may do the gathering of information and evidences on your behalf.
The pain and sufferings that you get from the accident, could affect not only you, but your loved ones as well. Remember you must think of your future and that of your family. You could be traumatised and this may affect your relationship with your friends and family, as well as the quality of your life. Your bodily injuries on the other hand may prevent you from working, which means that you wouldn’t receive any wages that you may use in supporting your family. You’ll also be faced with bills for your hospitalisation, medication and therapies. If the other driver is at fault, you may be able to get compensation for the injuries you sustained from the collision. Again, there are no win, no fee lawyers that could help you in getting your motorbike accident compensation.
Mesothelioma is a type of cancer caused by exposure to asbestos. The condition is typically contracted due to exposure to asbestos at work. It is often termed “Meso”, the name’s shortened version. There is no cure for this disease, and sadly, a diagnosed patient may only have a short time to live. You could be eligible for a Mesothelioma compensation claim if you have contracted this disease and work with a competent solicitor.
There are certain groups of workers that are more at risk from developing Mesothelioma. Professions where asbestos is common include laggers and boilermakers. Boilers are insulated with asbestos lagging. Laggers install boiler insulation. This kind of work has put both of them at risk for developing the terminal illness. Asbestos claims are possible in case the unfortunate happens and they acquire such disease.
Builders, including carpenters and joiners are also at risk for acquiring Meso. This could be the result of drilling, fixing, sawing or replacing asbestos cement board used in suspended ceilings, partition walls, flooring, roofing tiles and insulation. Plumbers and pipe fitters that install and repair heating systems and boilers are also at risk because pipes are commonly covered with asbestos lagging. As pipes were cut, fibers may be released into the air and inhaled. These are not merely speculations, because actual cases of industrial disease claims have already been decided in UK courts, and certainly, possible victims are not limited to the professions mentioned.
Victims of Mesothelioma and other asbestos related disease can fight for their rights, particularly those who have been exposed to asbestos by negligent employers. Asbestosis compensation claim can be made for their pain and suffering, disability, care costs, financial losses and other expenses. Past and future losses could also be claimed. The expertise of experienced solicitors can help victims win their case.
Filing for a compensation claim for the personal injuries following an accident due to the negligence of another person or company has a time limitation. The time limit in the UK is three years. If you filed your claims after the said time limit is over, your case will be statute barred or time barred. This means that it can no longer be legally enforced because it already passed the time limit given.
You may ask when this three year time limit starts. For claimants who are under the legal age, the said limit starts on the day the accident happened. However, if the injuries or illness following the accident is discovered at a later time, it starts on the day of the discovery. This is because there are injuries or illnesses that don’t show immediate signs until after a certain period. For instance, diseases caused by asbestos exposure may take a long time before they are diagnosed. Some of them are lung cancer, mesothelioma and pleural plaques.
There’s an exemption if the case involves a minor, as well as those who are covered by the Mental Health Act 1983. For children, the three-year limit begins on the day of their 18th birthday, when they are considered the legal age. For cases that are under the Mental Health Act 1983, it starts from the day that they are cleared as patients.
Some accidents can be fatal. For these cases, the time limit for the family to file a claim begins from the date of the person’s death or the date when it was determined that the death was actually caused by the accident or contact with toxic substances. If the claimant was able to file a claim but eventually died while the case is still being processed, the limit will be reset starting from the day the person died so family can continue with the claim.