Personal injuries are physical and psychological injuries that result from someone else’s error, neglect, or wrong-doing. Someone who is injured in this manner has the right to try and claim financial compensation from the responsible party, according to personal injury law.
Personal injuries can occur in a wide range of situations. For instance:
Someone is hurt in a traffic accident that is the fault of another driver.
Someone slips and falls on a wet floor in a public building.
Someone is injured while using a product they purchased.
Employees in an unsafe workplace are injured on the job.
A medical doctor prescribes penicillin for someone with a documented allergy, and that person has a dangerous reaction. This is an example of clinical negligence.
Making a Personal Injury Claim
For most people, it’s prudent to contact a solicitor for advice and representation when trying to claim compensation for a personal injury.
To make a good case a claimant should provide evidence about the nature of their injury, including how it was sustained, and how it’s affected them. For instance, if they’ve lost earnings because they couldn’t work, or have had expenses relating to their injury, they might need to provide proof of this.
In order to make a personal injury claim, the victim or their representative, must first notify the defendant—the person who is responsible for the injury—of their intent to make a claim for compensation. Typically this means their solicitor notifies the defendant by letter.
Once they receive the letter the defendant has 3 months in which to accept or deny responsibility for the injury.
If they accept responsibility their solicitors negotiate a settlement.
If they deny responsibility the claimant can take the matter to court. They can also go to court if a settlement can’t be agreed on.
In court, the claimant and the defendant present evidence relating to the injury, what caused it, and what effects it’s had. A judge listens to the evidence and makes a judgement; if they decide the defendant is responsible for the injury they’ll award a settlement to the claimant.