Legal Guide

The compensation claim for personal injury

You can claim for personal injury when you become injured due to another person’s negligence or wrongful action. These types of claims are very common and on top of all claims in the claim attorney's office. Many types of personal injury may require compensation. The personal injury laws cover many situations to compensate the injured person. If you got a personal injury and want to claim compensation then it will be good to contact a Personal Injury Attorney who will assist you with the successful claim.

Following are some situations that can cause personal injuries.

1. Road accidents

The accidents on the road involve cars, bikes, trucks bicycles, buses, and any other motorized vehicle. Road accidents are common that even a skilled driver cannot avoid because someone other can hit you with negligence. Although you cannot avoid these accidents you can take some steps to get compensated for injuries.

The road accidents injuries can be compensated but discuss with a lawyer whether your injuries meet the criteria of the claim to get compensation or not.  You also have to visit a doctor to get an opinion about injuries to know how these can affect your daily life activities.

2. Pedestrian accidents

Accidents can take place when pedestrians are crossing the road with the road cross marks or without the roadcross mark. Drivers stop and take care of them. On the other hand, pedestrians should cross the road when their signal is gree.

3. Medical negligence

If you think that your injuries are due to the negligence of the doctor and should be compensated then get advice from a personal injury lawyer.  Medical negligence covers the following situations

  • Misdiagnosis of a medical condition

If you are misdiagnosed by a doctor then there are chances that you may develop a new problem. Now you have to treat your original disease along with the new problem. 

  • Incorrect medicine prescription

Incorrect medicine will not be able to treat but their use can cause serious side effects which can be compensated for.

  • The doctor has performed a function for which he has not properly required qualification
  • Improper anesthesia administration

4. Defective products

Injuries or illnesses due to defective and expired products like medicines, food, consumer products, and children products can be compensated. Defective motor vehicle parts and medical devices can also cause injuries.

5. Workplace accidents

Employees can get a personal injury claim for compensation if injury occurs at the workplace but it depends upon the severity of injuries. But you have to prove that your employer was responsible for the injuries. To claim personal injury compensation, provide the following proofs.

  • Your care was the responsibility of your employer
  • This duty/responsibility was breached by your employer
  • You have to prove the link between your injuries and breach of the duty of the employer

6. Criminal injuries

If someone attacks you and you become injured then this should be compensated.

7. Exposure to harmful substances or chemicals at the workplace

If you are working at a place where chances of toxic material exposure are high then injuries and illnesses which you can carry should be compensated. For example, asbestos exposure can cause lung diseases including lung cancer.

8. Injuries from slip and fall

If you are slipped or fell at public points like shopping centers, offices, and schools, etc., and sustained an injury due to negligence of the owner of a public place then your injuries should be compensated.

9. Injuries from the dog bite

If you sustained an injury by dog bite of someone then entitled to compensation.

Compensation coverage of personal injury

Compensation coverage includes financial loss and loss of quality of life. But you have to prove what consequences you are facing due to these injuries. Your injury compensation covers the following.

  • Medical expenses
  • Loss of earning or job
  • Loss of quality of life
  • Physical and psychological illnesses

The time limit for a claim

You can claim for personal injury compensation within 3 years from the date you got injury or illness, or the date when come to know about the injury at the workplace or the date when you came to know the cause of death of your beloved one. These are standard time limits. Following are some exceptions.

  • No time limit for reduced mental capacity
  • Shorter time limits for injuries received in foreign countries
  • Children injury that occurs before the age of 18 can be claimed before 21 years of age.
  • Criminal injuries should be claimed within 2 years
  • Injuries illnesses due to the defective product can be claimed for compensation within 10 years of circulation

How much compensation for a personal injury claim?

 No one can give the right assessment because the consequences of one type of injury in two people will be different and also compensation of their claim will differ. The amount of compensation is directly related to the severity of damage or illnesses.

Following are 2 parts of personal injury compensation settlement.

  • General damage

 The purpose of this claim is to provide compensation for injury and for the pain you are suffering from. Review the following types of injuries to have an idea of compensation.

  1. Compensation amount for head injury
  2. Compensation amount for mental and psychological injuries
  3. Compensation amount for damage to upper body parts
  4. Compensation amount for a back injury
  5. Compensation for injuries to hands, wrists, and arms
  6. Compensation amount for lower body parts
  • Special damage: The purpose of this claim is for compensation for your earning loss and future needs.

That is why it is very difficult to calculate how much compensation you can claim. Your compensation also depends upon the following factors.

  • Loss of earnings
  • Future needs
  • Household adaptation
  • How much is your involvement in getting injuries like no seat belt was used during road accidents?
  • The severity of injuries or illnesses
  • Expenses that you have already done

Time is taken for a claim to settle down

It is difficult to estimate that how much time is required to settle down your claim. This depends upon the following factors.

  • The severity of injury or illness
  • The complexity of injury or illness
  • Responsibility for your injury is admitted or not.
  • Time is taken to gather the evidence

You should not be in hurry to get claim compensation for your injury because it requires time to get proves and evidence to settle the claim. If you go in this hurry, then this will cause you less compensation than you are entitled to. Please note that personal injury settlements are not taxable.

Personal injury claim for compensation process

1. Report the accident

You should report this accident to the person you feel is responsible for your accidents causing injuries.

2. Collect evidence

Make a notebook where you should write the name of the place where the accident took place. Also note the name, addresses, and phone numbers of witnesses. If it is possible for you then take a photograph of the area. If you are planning to claim your injuries then keep a record of all receipts for prescriptions, medicines, and traveling.

3. Contact the lawyer

 Give all details of the accidents and injuries you are carrying to the lawyer along with evidence. Your lawyer will start preparing to submit your claim for personal injury compensation.

Many people assume that claiming compensation for personal injury is an easy one. They are right because some of the claims of road accidents are easy but the majority of the claims involve complexities especially claims against the employer.

Some people also think that they have to attend court and trial to claim compensation for personal injuries. Most of the claims don’t require attending court. here are approximately 1% of claims which require a court hearing.

Some people assume that all lawyers and law firms are the same as for as their capabilities are concerned. This is not true, because all personal injury lawyers possess a different level of experience and competencies. Some are experts in specific areas while some are in other areas. You have to look for the right lawyer for you. Your insurance companies often recommend not hiring a lawyer because the lawyer will make things complicated and you will be paid less amount. At the same time, lawyers are also expensive. This is again not true and not in your favor. 

Try to evaluate some psychological problems which are you facing after the injuries. This can be noticed by other people like your family members and friends. Examples are, increase in alcohol intake, more anger, more shouting, and negative thoughts. Discuss all these signs with your lawyer. Your lawyer will incorporate these psychological signs into standard injuries or illnesses. This will help increase the compensation amount.

After reading this article, you will be able to know what is a personal injury and personal injury compensation processes are. The claim of personal injury settlement involves many complicated steps; so, get support from a personal injury lawyer.

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