Compensation in case of personal injury claims
Individuals filing for a personal injury claim can receive compensation either in the form of general damages or special damages.
General damages are decided by the court and are paid as compensation for injuries and loss of future earnings.
On the other hand, special damages are paid as compensation for actual loss suffered by the claimant. This would include the actual medical care amount, damage to property and any travel costs incurred by the claimant with regards to his medical care.
In case the court determines you to be at fault in the accident, your compensation amount could get reduced significantly.
In the UK, you can resort to the following ways to file for a claim: Legal action in a civil court – in case you want to take legal action against the other party, you would have to hire a professional personal injury solicitor to represent your case in the court.
Through claim assessors – claims assessors are generally take up cases on a no-win-no-fee agreement.
Through the Criminal Injuries Compensation Authority – in case you have suffered personal injuries due to a criminal act such as an assault, you can claim your compensation through the Criminal Injuries Compensation Authority.
Lastly, special compensation schemes – there are a number of special compensation schemes for certain losses and injuries.
Workplace accident leads to personal injury claim
A 42 year old woman is seeking a compensation claim from her employer for a work accident that happened 6 years ago. The woman claims that she has suffered serious personal injuries due to the accident and can no longer afford medical treatment overseas.
The accident happened due to a fall through rotten floorboards in the place where she worked. She said: “I only remember hearing a crack or tearing sound. The 3 inch heel of my shoe went right through the floorboard so fast. Everything went midnight blue and I couldn’t see but I could hear.”
She had filed for a compensation claim in 2006 but it was later discontinued due to an out of court agreement. “I’m still waiting and I’m fed up. It is six years and I have had enough.
What I’m asking for is a compensation package, along with a long-term disability health [insurance] plan,” she added.
In a statement issued by the women’s lawyer, it is said that the employer failed to provide a safe working place for its employees therefore the claimant was entitled for a compensation claim against her personal injury claim.
Her claim further gains legitimacy due to the fact that she is a mother of 2 and relies on the basic state plan for medical insurance since she is not eligible for private health insurance.
The state plan, however, does not cover her for frequent travels for medical care and her regular visits to the doctor.
The director of the company, on the other hand, declined to comment saying that, “I can’t comment because it is a legal matter at this point in time. Unfortunately, that’s all I can tell you: it’s a legal issue, it’s ongoing.”