Slide Background

insurance: Personal Injury Claims

Slide Background

Personal Injury Claims

A personal injury is quite a broad term that can refer to a number of injuries that result from a range of incidents, such as accidents, industrial diseases and clinical negligence. If the injury is not the victim’s fault, they often have the right to claim compensation and may wish to make a personal injury claim.

Types of personal injury

Personal injuries can be roughly categorised into three main groups: physical injury, psychological injury and death.

  • Physical injuries can include anything from broken bones as the result of an industrial accident or a traffic accident to work-related diseases such as asbestosis, a chronic medical condition resulting from exposure to asbestos.
  • While most people associate personal injuries with physical injuries, some personal injuries can be psychological. Examples of psychological injuries include mental illness as the result of harassment or stress at work and psychological injuries that result from being the victim of a crime.
  • In addition, while obviously you cannot make a claim for own death, you can act on behalf of someone that has died as a result of a personal injury.

Why Make a Claim?

Victim’s motivations for making a personal injury claim vary from case to case. Nevertheless, the main reason for people wishing to make a personal injury claim is to be reimbursed for the medical expenses and loss of earnings that they incurred as a result of their personal injury.

Many people also make a personal injury claim to raise awareness of the cause of the injury and put pressure on firms or individuals to change their practices to ensure that injuries like this will not happen again.

A sense of justice is another common motivation for making a personal injury claim. Whether it is for a relative who has died or for themselves, making a successful claim can provide individuals with a sense of closure, allowing them to carry on with their lives after the accident.

  Minor Damage Moderate Damage Severe Damage
Shoulder up to £6,160 £6,160 - £10,010 £15,070 - £37,730
Hand £715 - £3,410 £4,950 - £10,450 £43,065 - £66,440
Foot Up to £10,780 £10,780 - £19,635 £33,000 - £55,000
Neck £300 to £6,160 £6,160 - £30,250 £35,750 - £116,600

How much compensation will I receive?

Naturally, compensation varies from case to case. However, compensation can be broken down into two groups: general and special.

General damages are paid to the victim to compensate for the injury, for their pain and/or loss of earnings. On the other hand, special damages awarded to cover any direct financial losses incurred as a result of the accident. Special damages may be awarded to compensate medical expenses incurred or damage to personal possessions.

The amount of compensation that you receive may be lowered if the court believes that you are in some part to blame for the injury.

Things to consider

Making a personal injury claim can be very stressful, but ultimately rewarding as it can provide you with compensation and justice that you deserve. When making a personal injury claim, there are a number of factors that you should take into consideration:

 

  • Claim assessor fees.

    While most claim assessors work on a no win no fee basis, make sure that you enquire how much the fee is if you do win. Usually a claims assessor will charge you a fixed percentage of however much compensation you win.
  • Be wary of time limits.

    In order to make a successful personal injury claim, in most cases you should make your claim within three years of being aware of the injury. However, in some cases the court may extend this time limit if you have a valid case.
  • Choosing a solicitor.

    If you decide to take legal action, you will need to get in contact with a solicitor who can represent you in court. Make sure that you pick a lawyer who specialises in personal injury claims—check to see if they are a member of the personal injury accreditation scheme that is ran by the Law Society.
  • No win no fee.

    While no win no fee agreements mean that you only have to pay your solicitor’s fees if they win the case, do remember that if you lose the case you may have to pay the opposition’s legal expenses.

[contact-form-7 id="6036" title="Personal Injury Claims"]