Making A Personal Injury Claim
What qualifies as a personal injury claim?
You are entitled to make a claim where personal injury occurred through the negligence of someone else. This may be a serious and life changing injury or where you have contracted an occupational disease. A claim must be made within 3 years from the date of the accident at work or personal injury however there are exceptions to this for example, if you were a child at the time of the accident or if you have been affected by an occupational disease. The personal injury must have caused pain and suffering and/or financial loss. Generally compensation will not be paid for near misses or for a minor injury that is fine the next day. For a claim to be successful you will need injury evidence and proof of any financial losses.
Different types of Compensation
General Damages this takes into account the paid and suffering you have sustained as a result of your personal injury or occupational disease. Medical evidence will be gathered from a team of personal injury medical specialists and a visit to their surgery maybe required. General damages also includes any loss of earnings and any future loss of earnings if it is a serious injury that prevents you from working or restricts your chances of promotion and pension opportunities. Daily tasks and hobbies can also be considered if you are unable to carry these out due to the personal injury or occupational disease you have suffered. You may need someone to look after your garden whilst you are recovering from a serious injury.
Special damages - are intended to reimburse you for any out of pocket expenses that you have incurred as a result of your personal injury . For example travelling costs to and from hospital, cost of any medication, nursing care and rehabilitation costs. You will also be entitled to claim compensation for any modifications to your house or car if you have suffered a serious injury.
Types of Personal Injury
The list below shows the types of injuries where compensation could be claimed if the injury was as a result of someone else's neglect.
Serious injury, multiple injuries, road traffic accidents, motor bike accidents, military accidents, Armed Forces Compensation, training accidents, accidents at work, occupational disease, noise induced hearing loss, asbestos, dermatitis, repetitive strain injury, vibration white finger, Criminal Injuries Compensation, injuries due to faulty equipment and machinery, head injuries, spinal injuries, skiing accidents, diving accidents etc
How are cases generally funded?
The 'no win no fee' system was put in place in 1995 to give people who have suffered a personal injury access to justice, replacing legal aid. The main aim of no win no fee is to ensure that claimants do not have to pay a fee if they lose their claim which lessens the risk involved when making a claim.
Claims Process
All evidence has to be gathered and reviewed when someone has suffered a personal injury. This involves evidence supporting how the accident happened, medical evidence and any out of pocket or loss of earnings evidence. Depending on the personal injury suffered this could take time if treatment is ongoing but experience case handlers will be able to advise at the outset of the case and then will continually update you on the progress.
For further information and initial consultation regarding any personal injury suffered then please contact www.hmsolicitors.co.uk and we are happy to discuss your case with you.
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