An injury claim can be made if an individual has been hurt due to the negligent act of another person. Whether it is a workplace accident, road accident, accident in a public place or an accident caused by a defective product, the injured person has the right to make an injury claim against the responsible party. But how much compensation can the injured party recover? When people consider making injury claims, this is one of the first things they try to find out.
Making injury claims can be quite complicated. Even more complicated can be establishing how much compensation is fair compensation. For these reasons, it is always advisable to seek legal advice. There are a number of injury lawyers who can help you find out the value of your claim. These injury lawyers can also help you understand the claims process and help you put up a strong injury claim for compensation. Finding out how much compensation you may be eligible to recover involves considering a number of factors.
Personal injury law is quite clear and according to the law, any person who has suffered injuries may be entitled to claim for compensation provided that the accident occurred within the past three years due to no fault. The aim of compensation is to put the injured party back in the same financial position that he would have been in prior to the accident.
There are two elements to injury claim compensation. Compensation for your pain and injuries is known as general damages and compensation for other losses is known as special damages.
In order to find out how much compensation you can recover for your injuries, pain and suffering, your injury lawyer will need to obtain an independent medical report. Your medical report will provide details regarding the extent of your injury. Then the Judicial Studies Board guidelines will be used to value your claim. For example, if you have suffered minor whiplash injury, you could be entitled to recover between £1,000 and £5,000 in compensation.
The amount of compensation that you recover for your financial losses is known as special damages. These may include compensation for travel expenses, medical expenses, prescription expenses, cost of care and assistance, vehicle repair costs in the case of road accidents and loss of earnings. But special damages can only be recovered if you are able to provide proof of financial losses. Therefore, it may be important for you to retain receipts, invoices and pay slips.