What Constitutes a Personal Injury?
Personal injury is a broad category of legal cases that involve an injured person who was hurt by another person’s carelessness. This can entail physical and/or psychological trauma, or diseases arising from exposure to unhealthy conditions. The core component in these cases is to show that the injury was caused by the negligence or intention of another person.
Types of Personal Injury Claims
There are several types of personal injury claims, each with unique characteristics and legal considerations: There are several types of personal injury claims, each with unique characteristics and legal considerations:
Road Traffic Accidents
Among all the personal injury claims, road traffic accident claims are among the most frequently filed. Accident victims can seek compensation for physical harm in car accidents, motorcycle accidents or as a pedestrian.
Workplace Injuries
The law allows employees who sustain injuries at the workplace because of conditions or the employer’s negligence to seek compensation. This ranges from cases involving machines, slipping or falling, or contact with toxic substances.
Public Liability Claims
They are made when a person is hurt in places that are accessible by the public such as parks, shops, or streets by objects such as potholes, slippery floors, or falling items.
Medical Negligence
This is a situation in which healthcare providers provide below-standard healthcare service to the client leading to harm. This category includes wrong diagnosis, operations mistakes, and inadequate treatment.
The Legal Process of Making a Claim
This paper aims at shedding light on the legal process that is necessary when one is thinking of filing a personal injury claim. Here’s a step-by-step overview:
Initial Consultation
It starts with a meeting with a personal injury solicitor who would assess the client’s case. This is the first encounter the solicitor gets to evaluate the strengths of your case, gather basic facts, and give an estimate of the result.
Evidence Collection
A strong foundation of any claim is the evidence collected and analyzed in the process of the case’s preparation. These include but are not limited to medical records, accident reports, witness statements, and photographic evidence among others. The solicitor will ensure that you understand the process of gathering evidence for the case to be made.
Filing the Claim
When adequate evidence is gathered, the solicitor will then lodge a claim with the defendant’s insurance company or lawyers. This document describes the circumstances of the injury, proof of negligence, and the damages being claimed.
Negotiations and Settlement
Most of the personal injury claims involve out-of-court settlements. The defendant’s insurer may offer a settlement as an attempt to save costs and time that would be incurred in trial. Basically, your solicitor will bargain for you to avoid receiving a raw deal.
Court Proceedings
If the matter cannot be resolved among the parties, the case goes to trial. In this type, both parties produce their evidence and address their case to a judge. The court then determines the decision of the case depending on the merits of the case.
Compensation and Damages
In compensation of personal injuries, the goal is to put the victim in the same position as he/she was before sustaining the injury. It typically covers:
General Damages
General damages relate to those components of the injury that are not measurable in terms of money such as pain, suffering, and loss of amenity. The sum is calculated according to the extent of the injury and the changes that occurred in the victim’s life.
Special Damages
Special damages refer to the injury related to concrete financial losses that one has to make because of the injury. These are the actual costs incurred as a result of the injury; this may include but not limited to, medical expenses, loss of wages, transport costs and any other incidental expenses.
Time Limits for Making a Claim
The claimant should know that there are time bars within which the personal injury claim must be made. However, for the UK, the time within which the claims must be filed is three years from the time of the injury or from the time when the injury was realized. But there are some conditions under which it is allowed, for example, when there are children or persons with mental disability.
Seeking Legal Help
It is not easy to handle personal injury laws on your own and that is why it is advisable to seek the help of a lawyer. Hiring the services of a professional solicitor from the leading law firms guarantees that you get professional help and the best results for your case. They deal with all legal issues, so you can concentrate on rehabilitation.