Injury Claims Explained
Personal injury is a legal term which signifies any kind of physical or psychological harm caused to an individual.
Examples of personal injuries are,
An accident occurring at a work place which leads to a physical injury.
Stress and mental disorders like anxiety or depression caused due to heavy work load.
Injuries that may have occurred due to motor accidents.
Personal injury claims are made when a person suffers from harm due to careless or deliberate action of someone else.
Criminal cases are usually initiated by the police, but in case of a personal injury, the claim is initiated by the person who has suffered the injury.
Types of Injury Claims you can Make
You can enlist a personal injury lawyer to file for any of the following injury claims:
Serious Injury Claims
Injuries that leave you with a long term disability or a permanent deformity are called as the serious injuries. People who suffer amputation or brain/spinal cord injuries can claim for such injuries. Their claims are considered under the serious injuries section.
Defective Premises Compensation Claims
If you suffer an injury because of poor infrastructure or mismanagement of a public property then you are eligible to file for defective premises compensation claims.
Road Accident Compensation Claims
If you suffer serious injury because of a road accident then you can apply for road accident compensation injury claims. The most common road accident injuries include two wheeler accidents, uninsured drivers, spinal injuries, hit and run and many more.
Holiday Accident Claims
If you have suffered from an injury while vacationing abroad during your holiday, then you can ask your injury lawyer to initiate a personal injury claim.
Work Related Claims
The most common work related injuries happen due to tripping or slipping. If an injury is caused due to the negligence of your employers then it is possible to file for a personal injury claim.
If a deliberate physical attack is the cause of your injury then you can make a personal injury claim. However, it’s important to ensure that your behaviour did not in any way cause or provoke the attack.
Medical Negligence Claims
If personal injury is caused due to medical negligence of the hospital authorities, then you can file for an injury claim. One of the major causes of medical negligence claims can be an incorrect or late diagnosis.
Elderly Vulnerable Claims
If an elderly person suffers an injury because of inadequate care or negligent and abusive behaviour from their caretakers, then they can file for an injury claim.
Cosmetic Surgery Claims
If a faulty cosmetic surgical procedure causes an injury to you then you are eligible to file for an injury claim. Following are the procedures which might cause you an injury during a cosmetic surgery, and then you can file a claim for it.
-Tummy tucks (abdominoplasty)
-Nose reshaping (rhinoplasty)
-Eye lid surgery (blepharoplasty)
Action to be Taken After an Injury
Here are the initial steps which you need to follow before you think of approaching an injury lawyer.
Inform the police about the injury, especially if the injury is caused due to a road accident.
It is also very important to inform your insurance company about your injury. Your policy could become invalid in case of road accidents, if your insurer was not informed promptly. So you need to keep that in consideration.
Irrespective of the nature of your injury, you must visit a doctor and have your injury checked. . If your claim goes to court then the doctor will be asked to provide a medical report about your injury which will aid in getting your injury claim.
Gather as much evidence as possible which can assist you with your claim. Also, ensure that you make note of the names and addresses of the witnesses of your accident.
Following the above steps will give your injury lawyer the best chance to successfully claim compensation for your personal injury.
Types of Compensation in a Personal Injury Case
Following are the different types of compensation available to a plaintiff under a personal injury case:
Special Compensatory Damages
If the plaintiff faces any kind of expense which is the direct result of the caused injury, then it can be claimed and the compensation for it can be received. The Special Damages compensations are unique to individuals.
General Compensatory Damages
General damages are paid as lump sum to compensate an injured plaintiff for non-monetary damages incurred for the pain and suffering caused and the loss of amenity suffered as a result of an accident.
The compensation amount will depend on the court’s verdict. The court will decide on the amount taking into consideration the magnitude of the injury and its impact.
Wrongful Death Damages
A wrongful death claim makes provision for damages incurred by the surviving members of the family and loved ones.
An injured plaintiff is awarded for punitive damages only when the wrongful behaviour of the defendant is found to be wicked or unacceptable.
For instance, punitive damages are awarded in the situations where in the defendant is found to be guilty of nasty acts of fraud.
These acts may include sexual assault, aggravated battery or fraudulent conduct that has caused considerable financial harm.
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