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Personal Injury Claims

Personal Injury claims can be made in almost any circumstance when the victim is in no way responsible for their own injuries or accident; if another party was responsible for the accident, even if it is just in part, then you can attempt a personal injury claim. The majority of personal injury claimants are seeking some form of monetary compensation. Currently the market is flooded with personal injury claims specialists, offering ‘no win, no fee’ schemes, but it is important to remain wary of the many hundreds of ‘claims management’ companies which are popping up, since these are simply offering an intermediary and ultimately unnecessary service and have no professional legal training.

If you are looking to follow a legitimate personal injury claim, then you will need to consult the services of solicitors and usually those specialising within this field. It is very common for personal injury claims to be resolved with the ‘no win, no fee’ process, in which ultimately any compensation awarded is paid out from the losing parties insurance company.

Personal Injury claims are commonly the result of accidents occurring at work, perhaps where the employer has failed to adhere to health and safety regulations, or even accidents as a result of a defective product. It is also possible to file for personal injury claims as a result of incompetent medical treatment, such as negligence during a period of hospitalisation or substandard dental treatment. Even when it appears that there is no one to hold directly responsible for an accident, especially due to a trip or fall, it is likely that you will be able to make a public liability claim. Personal Injury claims need not only cover actual injuries and disabilities caused as the result of an accident. It is also possible to seek compensation for loss of earnings, damage to property or possessions and any extra expenses necessary as a result of the accident, for example needing to cover the cost of a hire car in the event of the owner’s being damaged or even written off.

It is difficult to predict exactly the compensation, which will be awarded in a certain circumstance. It is common practice for the solicitor to divide the compensation into two categories, namely ‘special’ and ‘general’ damages. ‘Special’ damages are easier to estimate, since they cover damages which are easily quantifiable, such as medical and transport expenses. For this reason it is advised that claimants collect receipts and any proof of these expenses to ensure that they are able to be reimbursed as fully as possible. ‘General’ damages on the other hand are much more difficult to estimate and determine, since it is particularly hard to assess and finalise the monetary compensation to be awarded for a physical or mental distress resulting from the accident. The outcome for the ‘general damages’ compensation depends entirely on the individual’s circumstances and injuries, however judges and lawyers will often examine previous cases, which were based around similar circumstances, to try and determine the correct amount of compensation. After any accident which you believe may lead you to make a personal injury claim, it is important that you visit a doctor or medical expert and soon as possible after the accident, to assess your injuries. This will prove invaluable independent evidence for your personal injury claim later on.

If you are injured as a result of a crime, it is often very unlikely that you will be able to prove the identity of the perpetrator or thus seek compensation. However claiming through the Criminal Injuries Compensation Authority often proves successful and you may receive compensation. Where possible the court will order the offender to compensate you personally, for the injury and upset they caused, however this will rarely exceed £5,000 and will depend entirely on what the offender is deemed able to afford.

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