The term ‘personal injury’ is a general one that is intended to cover instances of physical or mental injury or those that have become ill or diseased due to the negligence of someone else. As general as the term may be, it remains a legal term, and that means that it provides protection for those that suffer needlessly due to the negligence or ill intent of a third-party. Starting a claim for personal injury is a straightforward process, but you will require legal assistance. There are some set factors to be aware of when it comes to calculating compensation amounts for a personal injury claim. Professional guidance will ensure that you know just what amounts you can get, and assist you in obtaining a faster result.
Personal Injury – What Can I Claim For?
All cases will need to be looked at individually. Personal injury cases are all different, and even cases that are very similar could have very different outcomes. The severity of the injury will be a vital part of ascertaining your claim amount.
Compensation will be dependant on the pain that the victim has gone through, how that pain has affected their life, any ongoing suffering, and the financial impact of their injury.
Normally, someone who has received only a minor injury will be compensated less than someone who has suffered a more serious one. Two main factors are taken into account when calculating compensation amounts in a personal injury case. These are:
General Damages: This is in place in order to reflect the pain and suffering caused by personal injury. It can be difficult to ascertain the pain levels that general damages will cover for. However, there are governing boards and independent bodies that have clear guidelines for every type of injury. The Judicial Study Board has set brackets for assessing and calculating compensation amounts for a wide range of specific injuries. Additionally, your solicitor may also hire medical experts in order to help make a clear decision on how much compensation should be claimed for.
Special Damages: These are intended to cover the injured person financially. They will be awarded if a case can be made that the personal injury led to a financial shortfall (such as missing out on salaried work hours, or the cost of home improvements required after an accident). If your personal injury has affected you financially, then special damages may be able to help recoup your monetary losses. Examples of costs that special damages can cover include (but are not limited to):
- Ongoing or paid for medical expenses
- Prescription costs
- Physiotherapy expenses
- Travel costs
- Home help
One of the most important things to remember about personal injury claims is that they have varying levels of complexity. For example, road traffic accidents will be categorised in different subsections to an accident at work.
Personal circumstances will play a large role in determining your total amount of compensation.
No matter your injury or financial circumstance, you will have a much better chance of making a successful claim, and getting the compensation total that you need, if you have legal help from professionals who have experience with personal injury claims.