Personal Injury Compensation - Claim
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The personal injury compensation is the financial remuneration given to persons who are the innocent victims of an accident. Accident types can vary of course, but the most important ones seem to be the work accident and the road accident, the latter being the most important cause for personal injury compensation claims.
When do you know you are entitled for compensation?
The most important eligibility factor of your claim is the guilt factor. The less you are to blame for the accident, the more powerful your claim becomes and a successful claim can be made.
That’s one of the main focuses your lawyer (if you decide to hire one) or your claim adjuster (if you decide to settle with the insurance policy) will pursue in order to establish the amount of compensation you can get. My personal advice is that, unless you suffered a very minor accident (and I’m talking about really minor here), you should get yourself a personal accident solicitor. This is because the insurance company will try to give you the smallest compensation possible whilst a lawyer, with his background and experience, will know how to negotiate every penny of your compensation claim. Moreover, in cases of road accidents, if you carry even only a partial blame for what happened, chances are you won’t get compensated solely by your insurance company.
Usually, in cases of road accidents, it’s clear who is to blame for the accident. There are more complicated cases of course, but basically the mystery is solved quickly. In cases of work accidents, you are eligible for a claim if you suffered an accident because of one or more of the following reasons:
proper safety measures weren’t conducted at your workplace;
your equipment broke and failed to provide you with the protection you needed;
you or your colleagues were not properly trained for the job.
How much compensation can you get with your injury claim?
Well, this really depends on a case to case basis. A person who was scratched at the workplace will get far smaller compensation than a motorcyclist who lost an arm in an accident (obviously). So, the basic idea is: the more the injuries and damages you and your belongings suffered, the bigger the compensation.
As a rule of the thumb though, there are two types of losses (or damages) that can be compensated: the general losses and the future losses. The general losses are the immediate injuries and/or damages you and/or your properties suffered. In the case of a road accident, for example, the immediate injuries you suffered and the damages your car has sustained (for example a broken light) are the general losses.
The future losses are the accident’s repercussions in the future. For example, maybe you will have to get regular medical examinations because of the accident for many years to come. Or, you may lose your ability to work. Even the future phone calls that you may have to make in the future can get compensated.
As I already told you, it’s better that you hire a lawyer to do all the work for you. Working with a lawyer has many advantages, starting from negotiating a fair compensation amount for you to leaving you with more time for recovery. The personal injury cases are dealt with by specialized lawyers who work on a no win no fee basis. That is another advantage.
It may take a while before your claim is solved, but it will be worth it. Don’t be afraid to go up against your employers because they have special insurance policies which cover these situations. Also, don’t be afraid that you will be considered a gold digger. Just think about the fact that you need to recover from your injuries as fast as possible. No one understands that better than you. And that’s why you need personal injury compensation.
The Author
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