Accidents are unpredictable and can happen anywhere and at anytime. As they can cause immense financial, emotional and physical stress, you have every right to file personal injury compensation claims.
According to Waldron Solicitors, approximately 3 million people in the UK suffer injuries in various accidents every year, accounting for 5% of the entire population.
These incidents can range from medical carelessness and industrial injuries to slips and falls and car accidents, causing significant influence on a person’s life. Victims in the UK can legally file a personal injury compensation claims if they have experienced suffering or harm due to negligence.
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In this guide, we will go through the vital components of handling personal injury compensation claims in the United Kingdom.
An overview of personal injury compensation claims
Individuals or claimants can bring their personal injury claims to court if suffered an injury due to negligence or any misconducts.
The aim of these claims is to receive financial settlements in order to cover medical expenses, lost incomes, slight discomfort or any other injury-related damages.
Different kinds of personal injury claims
A broad range of circumstances are covered by personal injury claims, such as:
- Road Traffic Accidents: This type includes various kinds of accidents such as car or bike crashes, traffic accidents, hit and run cases. Claims can be taken against careless motorists or even the governmental entities in charge of maintaining the roads.
- Accidents at work: This is in reference to accidents that happen while performing work-related tasks. Hazardous work settings or employer negligence can be the cause of it. Employees can file a personal injury claim against a third party or file a worker’s compensation claim in the event of medical costs and lost income.
- Medical negligence: A person can claim medical negligence in case any health care expert, hospital or clinic neglects the known practices and guidelines putting the life of patients in danger. In such case, the victim can file a legal claim to get compensation for the damages brought on by wrong diagnosis, surgical or prescription errors.
- Slips and Trips: These are the kind of accidents that occur due to poor maintenance by property holders. Different hazardous situations that lead to such claims include damp or slippery floor, cracked stairs, poor light and much more. So an individual can file a personal injury compensation claim, if they experience a slip trip and fall accident.
- Product Liability: A producer, supplier or a vendor is accountable for the products they bring to the market, ensuring that they are safe to use and harm free. In any case if the product causes any harm to the victim, they can file a legal action for the loss.
Personal injury compensation claim process: An overview
Let’s look at process involved in making personal injury claims:
Firstly, get in touch with your solicitor who can assess the facts of your personal injury case. This is important to know the worthiness and complexities of your case. By reviewing your case with a qualified solicitor, you can increase your chances of winning the compensation claim.
After reviewing your case, your appointed solicitor will conduct a thorough and in-depth examination of the accident, collecting all the relevant information, reports, records, bills of medicine, eye-witness testimonies, videos of events, and/or personal and legal documents. This helps in compiling a good case.
Obtaining fair compensation or settlement can be a lengthy process. Your solicitor can negotiate with the insurance company, providing valid proof and documents which can drastically strengthen your case. In order to raise the compensation amount, the solicitor speaks with the adjusters. If this negotiation is settled by all parties reaching a consensus, then the lawsuit is resolved. If not, then your solicitor pursues your case in the court, by filing a complaint.
After the solicitor files the complaint regarding the matter in court, the “discovery phase” starts. In this phase, both the defendant and the offender exchange relevant information and evidence. It helps both parties to better prepare for the trial by understanding their case points, facts, and evidence.
There is another method to resolve your clashes called mediation. It involves a different dispute resolution method. In mediation, a neutral third person listens to both the defendant and the offender helping them to reach a fair settlement. These methods are faster and cheaper than going to court.
However, in certain situations, if mediation doesn’t work to address the matter, your case can go to trial, where a judge in charge will provide the verdict. In this particular circumstance, it is the court that will determine the result and the appropriate amount of compensation, if any.
Getting the most out of your personal injury compensation
For getting the most of your compensation, it’s necessary to recognise the different types of damages that can apply:
- Economic damage: These are the economic losses that you suffer because of your injury or damage. These may include medical bills, lost wages, property damage. For example, if someone hits your car and it gets damaged, the economic damage would be the money required to repair it.
- Non-economic damages: They are also known as general damages. In contrast to economic damages, these are not about money but about the harm, suffering or emotional stress experienced. Various factors are considered here to determine a reasonable price for the compensation of immaterial loss. Some examples of non-economic damages include depression, general anxiety, humiliation and mental anguish.
- Punitive Damages: They are also known as exemplary damages. This is the extra amount in addition to compensatory damages that the court can order someone to pay as a penalty for any fraud or bad behavior. They are not just about paying the victim back but to teach them a lesson. Mostly, they are given only if the actions of the offender are particularly injurious or intended to cause harm.
For example, a car company intentionally sells cars with defective brakes. In such case, the court can punish the company for risking the life of customers and to discourage such behavior.
In case you need any legal advice, feel free to contact the experts at Claim Time Personal Injury Solicitors at – 0800 970 2727. We specialise in personal injury cases and can provide the guidance and support you need.