Three Little Known Facts About Personal Injury Claims

Injury

A personal injury claim is a legal action taken by a person who has been injured due to the actions or negligence of another person or company. These cases vary considerably, from minor to serious, and allow the affected party to recover compensation for injuries that were not their fault. From the various injuries you can claim compensation for, to contributory negligence, here are three little-known facts you should be aware of when it comes to personal injury claims.

Fact One: Different Types of Injury Claims

There are various forms of personal injury claims, with some of the different categories including:

Road Traffic Accidents

You may be entitled to compensation for any injuries or inconvenience caused, or damage to your car, whether you were the person driving, a passenger, or a pedestrian. Most car accident claims occur because the affected party has suffered an injury, such as whiplash. While every case is different, it is usually clear when a claim deserves compensation. This is especially true if you have suffered significant damage to yourself or your car in the accident.

Medical/Clinical Negligence

This occurs when you have been hurt due to negligent medical treatment. It can also happen if you are the next of kin of someone who has died because of negligence, or a person who cannot take legal action because they lack capacity. Some examples of clinical negligence include:

  • Medical condition not diagnosed or incorrectly identified.
  • Mistakes made during a procedure.
  • Consent not obtained before the start of treatment.

However, you can only receive compensation for the different types of injury claims if the treatment directly caused you harm, or the care was below medically acceptable standards.

Workplace Injuries

Most workplace accidents can be avoided or prevented, and employers have a duty to ensure that work premises and procedures are safe. The law requires employers to carry out regular health and safety checks and put measures in place that limit or avoid potential risks to workers and visitors. If these obligations are neglected, then anyone on the premises could be in danger of a work-related injury. This applies to anyone who works on the site in any capacity, as well as members of the public visiting the establishment.

Injuries - XRay

Fact Two: The Book of Quantum

The Personal Injuries Assessment Board launched in 2004 and created the Book of Quantum, which contains the level of compensation to be awarded for damages. This book was created by a group of independently recognised consultants who analysed data provided by courts, insurance companies, and self-insured sectors. Recently, however, the Book of Quantum has been replaced by new award guidelines for compensation amounts.

Fact Three: Contributory Negligence

This can happen if the person who caused the accident makes a claim and means that if you were at fault, then your compensation claim could be invalidated. One example of this could be a road traffic accident in which you were hit by a car because you failed to look when crossing the road. If the claimant and the defendant have both contributed to the damage, it could take much longer to prove who is to blame.

If you are suffering because of an accident that wasn’t your fault, it is important for you to receive compensation so that you can properly rest and heal from any pain or injuries. You should also hire a decent lawyer to ensure that the claims process goes as smoothly as possible, and that you secure the outcome you deserve.

The views expressed in this article are those of the authors and do not necessarily reflect the views or policies of The World Financial Review.