Welcome to: Injuries Claims

Nationwide help with your injury claim

In law, personal injury means injury to the mind, body and emotions of an individual. Injuries to the body are usually caused by the negligence of another person. The mind and emotions can be injured by torts and defamation. A person who has been hurt in any of the mentioned ways can claim for personal injuries compensation so long as he can prove the negligence of the accused.

Injuries can be classified in different ways. The classification may include cause of the injury. Some examples include road traffic accidents, tripping accidents and accidents at work. Others are assault claims, product liability and toxins among others. All these result in some degree of injury to the individual.

Dental and medical accidents may be classified under medical negligence. Others are industrial disease cases such as mesothelioma, asbestosis and occupational deafness. These may lead to complications such as deafness, chest diseases, chronic bronchitis, asthma and cancer among others. Psychological illnesses can be caused by stress at work, harassment and discrimination at work and even abuse as a child.

If you can prove negligence, then you could be entitled to some form of financial reward from the party. You can seek to be compensated on your own behalf or on behalf of someone who has suffered or died because of injury. You can choose to make a complaint to the organization or person who was responsible for the injury. The claim could be to cover the losses you may have suffered due to the injury or for immediate financial problems brought about by the injury.

The amount that you can be rewarded depends primarily on how severe the injury is. A serious injury like brain damage, broken bones, severed limbs and terminal diseases receives a higher settlement. This is because they cause intense suffering, physical pain and trauma to the affected person. They also usually affect the life of the sufferer due to lose of amenity. The sufferer may also be unable to work leading to loss of congenial employment.

To be compensated, there are a few actions that you could take. If the injury is due to an accident, you could start by informing the police. Report to your insurer too to make the policy valid. Notify your doctor and if injured at work notify your employer in writing. All these people may be required to provide evidence if you decide to follow up the matter. Gathering essential evidence about the injury is also important.

Some of the ways you can seek compensation for your injury include using a claims assessor. These assessors usually offer to take up the case on a "no win, no fee" basis. If you win, then you pay them a percentage of the money you receive. You could also make a claim to the Criminal Injuries Compensation Authority if you have been injured through a criminal act. You may also seek a criminal compensation order or seek government compensation schemes.

Alternatively, you may take legal action in a civil suit. Do this quickly since there is usually a set time limit. The law requires that you start court proceedings within three years of the date of the injury. If you fail to do this, you may lose the right to present your claim. However, if you were under 18 years when the injury occurred, you are expected to begin proceedings at least one day before your 21st birthday. In some cases like industrial deafness, the 3 year period starts from the time you discovered the problem.

If you decide to take legal action, you can claim for special damages and general damages. General damages are paid to compensate your injury considering your suffering and pain or even loss of your future earnings. The court usually decides on the sum to be paid. Special damages are paid to compensate the actual financial loss you have suffered up to the date of the hearing.

It is advisable to get advice from solicitors specializing in such cases because these cases can sometimes be quite complex and controversial. Sometimes the legal firm and the client may agree on "no win no fee" terms. This term is referred to as Conditional Fee Agreement meaning that if the case is lost the client does not pay legal costs. He may however have to pay the expenses and legal fees of the accused. If he wins, he pays the solicitor a standard fee and a success fee. The final decision on the method to use to get personal injuries compensation rests with the client.