Should you make a personal injury claim?
A personal injury claim is when you use a legal process so you can recover financial compensation if you’ve been suffering through a personal injury and it wasn’t your fault.
Some examples of personal injury claims include accidents in public places or at work, trips and slips, accidents on holiday or abroad, whiplash injuries, and road traffic accidents.
If you’ve been dealing with a personal injury and it wasn’t your fault, there are two different types of compensation you can claim for. These are known as special damages and general damages.
General damages are when you’re paid a lump some. This compensates you for the suffering and pain you’ve gone through, along with the loss of amenity due to the accident. The court will decide what the actual amount you receive will be, and this will depend on the impact the injury had on your life, including how severe your injuries are, and the extent of your disability or symptoms.
Special damages take into account the expenses you may have occurred due to the accident- both past and future. these include any rehabilitation and medical treatment, loss of earnings, medication and care costs, vehicle repairs, travel expenditure, and damage to personal belongings or clothing.
If you were injured in an accident caused by someone else being negligent or by breaching their statutory duty, you can make a personal injury claim. For fatal accident claims, the deceased’s personal representatives and financial dependents can also claim, for the loss of dependency- particularly if the person who died was the family’s main breadwinner.
It’s important to recognise that you will be dealing with strict time limits in order to begin legal action. These limits will vary and are dependent on the nature and circumstances of your injuries.
While it may be difficult simply getting through the day, in order to claim for damages it’s crucial that you get in touch with a personal injury solicitor as soon as you can. They’ll ensure you remain informed about the time limits that are applicable for your claim.
One of the most important things to consider is the lack of independence when the compensator and at-fault policy provider are the same. There needs to be a clear distinction between these services, so you can understand the relationships between the claims handler, the insurance company, and any lawyers you’re using that are appointed by them. For this reason, you should only seek advice from independent solicitors so you can be sure that you’re getting the best possible advice for your situation.
It can be stressful thinking about a personal injury claim when you’re recovering from an accident. But unfortunately, this is the time when you also need to be thinking about the future. By getting in touch with a personal injury solicitor, you can put your problems in their hands, and let them explore all of your options while you recover in peace.
For more information, talk to solicitors today.