Injury Compensation Law

A Guide to Injury Compensation Law

Injury compensation law provides the guidelines to determine how much personal injury compensation a claimant should receive, when making a personal injury claim after suffering an injury or loss in an accident for which they were not wholly to blame. Injury compensation law also provides instruction on the conditions that have to be fulfilled in order to make a personal injury claim and the procedures for going about it.

Injury is a Prerequisite to an Injury Compensation Claim

One of the main conditions of making a personal injury compensation claim is that an injury must have occurred. Injury compensation law dictates that a “near-miss” is insufficient grounds to make a claim for personal injury compensation unless there is quantifiable psychological damage as a result. According to injury compensation law, the basis of an injury compensation claim settlement revolves around the severity of an injury, the length of time the claimant may take to recover from it and the consequences that the injury has on the claimant financial situation and personal quality of life.

Injury Compensation Law and Negligence

In any claim for personal injury compensation, there also has to be some person or person(s) who was responsible for the injury due to their negligent actions or lack of care. Their negligence may have lead directly or indirectly to your injury – such as an employer who has failed to provide adequate safety training – or may be part of a team (for example at the delivery of a child) who between them fail to provide an adequate duty of care. Inasmuch as injury compensation law states that injury is a prerequisite of an injury compensation claim, there must also be somebody to blame for that injury.

How Injury Compensation Law Defines Contributory Negligence

There are two scenarios in which contributory negligence affect personal injury compensation claims. The most common situation is when the claimant has contributed to their injuries by their own lack of care. This may be the case when a motorist has failed to wear their seatbelt and been involved in a collision in which they have suffered a head injury. Even though the accident would still have happened due to the negligence of the liable party, the injuries would not have been so severe had the claimant been wearing a seatbelt, and a subsequent injury compensation claim settlement will be reduced by a percentage to reflect the degree of negligence attributable to the claimant.

The second scenario in which contributory negligence becomes a factor in a personal injury compensation claim is when two or more parties are responsible for the claimant´s injuries. This may occur if, for example, should a driver ignore a give way sign and cause an initial collision, which is made worse by a further negligent driver not allowing sufficient space between vehicles to brake in time – turning the collision into a multiple vehicle accident. In this instance, the total amount payable to the claimant would not be affected, but the proportion of blame attributable to each of the negligent parties will require careful negotiation.

Your Health Comes Before Adhering to Injury Compensation Law

Although there are many procedures to be followed after being injured in an accident, you health has to be your first priority. Injury compensation law acknowledges that it may not always be possible to take photographs of the accident scene, collect the names and contact details of witnesses and make the appropriate reports in a timely manner. No amount of personal injury compensation will make up for a life-long health issue which could have been avoided with timely medical attention and, irrespective of the nature of your injury, it is important to have a medical examination at the earliest possible opportunity.

Failure to seek urgent medical attention may not only compromise your health in the future. A delay in receiving a medical examination may lead to you exacerbating the injury through your ignorance that you were actually injured – for example, the symptoms of whiplash may take up to a week to manifest. The liable party (or their insurers) will claim that you injury was made worse due to your own lack of care, and injury compensation law enables them to claim contributory negligence and request a reduction of any personal injury compensation settlement due to you.

Procedures Recommended by Injury Compensation Law

Injury compensation law is not inflexible. As mentioned above, it acknowledges that you will not always be in the position to obtain as much evidence as you could if you were of perfect health. However, whenever possible, these are the procedures recommended by injury compensation law.

In the Event of Road Traffic Accidents – Ensure a report of your accident is made at the local police station. In accidents of a serious nature, the police will naturally attend the scene and make their own report but, in less severe events, the police allow drivers to sort out issues between themselves. Make sure you retain a copy of the police accident report in support of your personal injury compensation claim, whether the report is made by the police or yourself.

In the Event of an Injury at Work – If you sustain an injury or develop an industrial illness in the course of your employment, details of the accident/illness should be recorded in your employer´s “Accident Report Book”. Injuries and illnesses which result in an absence from work of longer than three days should also be reported to the health and Safety Executive, who may conduct their own investigation – the results of which could also add support to your injury compensation claim.

In the Event of an Injury in a Public Place – If an injury is sustained due to a negligent shop keeper, a poorly maintained public footpath or a slip in a bar or restaurant (there are many other scenarios of this nature as well), the business or authority which owes you a duty of care should also maintain an “Accident Report Book”. Make sure that your accident and injuries are chronicled and photographs taken of the offending hazard which caused the accident as soon as you have received medical attention for your injury.

Injury compensation law does not require that you apportion blame in any of the above procedures

How Injury Compensation Law Determines Compensation

Once the presence of injury and negligence are established, a personal injury compensation settlement is usually comprised of up to four elements. The principal element according to injury compensation law is the general damages payable for the physical trauma experienced due to the accident. These damages reflect the severity of the injury and the length of time it may tale for the victim to recover from its symptoms.

Also included in general damages is an amount to reflect “loss of amenity” – the deterioration of a person´s quality of life – which is influenced by age, occupation, general level of fitness and recreational pursuits. Age is also a factor in the awarding of psychological damages – particularly where the victim is a child – although when a roofer has developed a fear of heights after a heavy fall or a motorcyclist has lost his confidence to get back on his bike after a serious accident, symptoms of a Post Traumatic Stress Disorder condition also need to be compensated.

Whereas these general damages are based on assessment of a person´s injury and the effect it has on their life, special damages are quantifiable costs associated with the injury. These more specifically are expenses which may otherwise have not been incurred such as the cost of medical treatment, rehabilitation and ongoing care. Injury compensation law also allows for a claimant to include in their claim for special damages any accountable lost income which is attributable to the injury and the cost of provision for the future – such as a vehicle conversion to manual control or the restructuring of a home to enable wheelchair access.

Injury Compensation Law and the Statute of Limitations

One important part within injury compensation law is the Statute of Limitations. The Statute of Limitations governs the length of time a claimant has from the “date of knowledge” that they have sustained an injury in which to make an injury compensation claim. Whereas for many people, the “date of knowledge” of an injury is the date on which it was sustained, people who suffer from work-acquired industrial diseases and medical negligence may not find out for many years after the event that they have been injured. Injury compensation law in the UK states that it is from the date on which there was knowledge of an injury that the claimant has three years in which to make a claim for personal injury compensation.

Injury Compensation Law Cannot Protect From Third Party Capture – But a Solicitor Can

One recent development which is outside the control of injury compensation law is the increase of attempted “third party capture”. Third party capture is when a claimant is directly approached by the liable party´s insurance company with an offer of early settlement. These offers are frequently less than would be settled in a court of law, and once they have been accepted, the claimant cannot go back for more should the compensation they receive be inadequate for their needs.

To prevent the risk of this happening, anybody who has been injured in an accident for which they were not wholly to blame should contact an experienced personal injury solicitor in order to take advantage of a free assessment of their personal injury compensation claim. In this way, they can find out how much compensation they may be entitled to and avoid the risk of being undercompensated.