Accidents commonly occur, and when they result in serious injuries requiring medical attention and time away from work, seeking compensation becomes crucial. If you sustain injuries in an accident that wasn’t your fault, you might be eligible for damages. However, navigating the process of filing a personal injury claims can be overwhelming, particularly for those unfamiliar with the legal system.
This comprehensive guide is designed to provide a step-by-step walkthrough of the personal injury claims process, assisting you in securing the compensation you rightfully deserve.
Understanding Personal Injury Damages:
Within the realm of personal injury claims, the concept of damages encompasses two distinct types: general damages and special damages. These financial compensations make up for different types of losses that the person filing the lawsuit has experienced. The amount awarded depends on the specific details of the case.
General Damages:
General damages are payments meant to compensate for the non-tangible losses someone experiences due to an injury. These losses are hard to measure precisely. Common elements included in general damages are:
- Pain and Suffering: This component reflects the physical and emotional distress experienced by the injured party due to the accident and subsequent injuries. Courts consider the compensation depending on how severe and long-lasting the pain is.
- Mental Anguish and Emotional Distress: Personal injuries can have a profound impact on mental well-being. Compensation may be awarded for anxiety, depression, or other emotional distress resulting from the accident.
- Loss of Enjoyment of Life: If the injury makes it hard for someone to enjoy life as they used to, they may receive compensation for this loss.
- Loss of Consortium: In some cases, damages may be awarded to compensate a spouse or family member for the loss of companionship, support, or intimacy due to the injured party’s condition.
Special Damages:
Special damages, also called economic damages, are specific and measurable losses linked directly to the accident and injury. These damages are meant to repay the injured person for particular financial challenges they face. Common elements included in special damages are:
- Medical Expenses: This includes current and future medical bills, rehabilitation costs, prescription medications, and any other healthcare-related expenses arising from the injury.
- Lost Wages: Compensation for the income lost during the recovery period or due to a diminished ability to work, including potential future earning capacity if the injury results in a long-term or permanent disability.
- Property Damage: If the accident caused damage to the plaintiff’s property, such as a vehicle in a car accident, the cost of repairs or replacement may be included in special damages.
- Other Out-of-Pocket Expenses: Any additional expenses directly related to the injury, such as transportation costs for medical appointments, home modifications, or assistive devices, may be considered in special damages.
By distinguishing between general and special damages, the legal system aims to provide a comprehensive and fair compensation package that addresses both the tangible and intangible losses suffered by the injured party in a personal injury case.
Time Limit for Personal Injury Claims:
Time is a critical factor in personal injury claims. If you’re eligible to make a claim, it’s advisable to initiate the process promptly due to a set time limit. Generally, you have a 3-year window to start your personal injury claim, counting from the time of your injury.
In some cases, the impact of a negligent act on your health may not be immediately apparent. For example, continuous exposure to unsafe noise levels might leave you uncertain about when the injury occurred. In such situations, the time limit can start from when you become aware of your injury.
Exceptions to the typical time frame for starting a claim exist, and the Limitation Act 1980 outlines these exceptions, crucial for understanding when time limits to personal injury claims may be suspended. The next section of this guide provides insights into navigating these exceptions professionally.
Claim Funding:
Starting the process to get compensation doesn’t have to be expensive. You can use something called a “no win, no fee” arrangement. This means you only pay if you win your case. We make the process simple, focusing on helping you get the most compensation quickly. We have a lot of experience dealing with different types of personal injury cases, including
- Road Traffic Accidents
- Workplace Accidents
- Slips and Trips
- Clinical Negligence
- Sports-Related Injuries
- Product Liability
- Public Liability
- Industrial Disease
- Motorcycle Accidents
Conclusion:
In the complicated world of getting compensation for personal injuries, this guide is like a map, helping you understand the details of damages, time limits, and how to fund your case. If you need free legal advice, our experts are ready to help. Call us at 0800 970 2727 or email our experienced Personal Injury expert at info@claimtime.com. Your journey to getting the compensation you deserve begins here, with an experienced ally to support you.