WHAT IS A PERSONAL INJURY?
A personal injury is an injury suffered by a person to his or her body, mind and emotions and is usually due to someone else’s negligence or carelessness. This also includes wrongful death or situations where the injuries prove fatal. A personal injury falls under the scope of Personal Injury Law or Tort Law.
A personal injury claim normally begins with the injured person suing another person, business or a company. In such a case the person suffering the personal injury (the Plaintiff), claims from the negligent party (the Defendant) and demands compensation for the injuries sustained. This is genarally known as damages.
The most common types of personal injury claims are those arising from motor vehicle accidents, workplace accidents (Workers’ Compensation), slip and trip accidents (Public Liability) and assaults (Criminal Injuries). The term “personal injury” also incorporates negligence in medical and dental proceedures for example when a medical or dental practitioner fails to exercise reasonable care in the treatment of a patient (Medical Negligence).
Damages which can be claimed are normally categorised as either Special or General Damages. Special damages are damages that are easily measurable such as medical expenses, loss of earnings and other related expenses. General damages on the other hand are more intricate to quantify and encompass the following heads of damages, namely pain and suffering, loss of amenities of life and the loss of enjoyment of life.
In order to lodge a claim for compensation, and if necessary receive an award from a Court having the applicable jurisdiction, Court proceedings must commence within three (3) years from the date on which the accident occurred, alternatively three (3) years from the date when an injured person becomes aware of the injury (there are however certain further exceptions to this rule). A failure to commence Court proceedings in time may result in your claim becoming statute barred i.e. you lose your right to claim compensation forever.
Therefore, if you have been injured as aforesaid, you may be entitled to receive compensation by commencing a so called Common Law Claim.
At A & E Legal, we are specialists in personal injury compensation claims. If you intend to, or have made a personal injury compensation claim and require expert guidance to ensure that you receive the maximum compensation due to you, please contact us for a no obligation free consultation in order for us to assess your claim and advise you accordingly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.