According to Wikipedia,
personal injury is a “legal term for
an injury to the body, mind or emotions, as opposed to an injury to property”.
Simple enough it may seem, but with so many different kinds of accidents, and
injuries arising from these accidents, a one-size-fits-all attitude will just
not wash when it comes to making a claim.
So, what is a claim?
Anyone who has been injured in work, in hospital, on
council property, in a shop, as result of an altercation, or in a road traffic
accident can claim for damages if the accident is not their fault. Injured
parties can take the negligent party to court in an attempt to gain
compensation for the accident. Besides the emotional repercussions of being
injured, there are many financial factors that should be taken into account,
which a successful claim can help recover. Workplaces, shops and places accessible
to the public should have insurance that can cover such incidents of personal
injury.
Time
Limits
In
England and Wales you need to make a claim within three years of the accident
and although courts have been known to waver time limitations in special
circumstances, it is always wise to seek legal advice as soon as possible after
the accident has occurred.
Do
I deserve Compensation?
Some
people find it awkward to discuss personal injury claims and may even be
embarrassed by the notion of seeking damages? But if you have been hurt and it
wasn’t your fault, why shouldn't you receive compensation for the stress,
physical pain and loss of income you may suffer as a result? It is also worth
bearing in mind how families of injured parties can be affected. In many
instances, families can be left is to struggle financially after a parent has
been injured and is unable to work. Even more distressing than this is the
emotional impact that serious injury can have on a family – nobody wants to see
a loved one in pain or suddenly disabled.
Thank
Goodness for the Compensation Culture!
When
personal injury claims began making the papers, the media was quick to coin a derogatory
phrase aiming to make people think twice about making a claim. In the eyes of
many journalists, a so called, “Compensation Culture” was taking over Britain,
with people eager to get money after suffering the most trivial of accidents.
Admittedly there have been some quite comical attempts to claim, such as the
man who wanted to sue an airline for failing to provide boiled sweets, and the
woman who tried to sue a contraceptive company for £120,000 after she became
pregnant despite using their product. Needless to say these two “victims” were unsuccessful.
However on the flip side of those trying to make a quick buck, there are those
that have genuine claims and deserve to receive compensation for what they have
endured.
Employers
made to think again
Where would we be without the right to make a personal injury compensation claim? Well, for a start, employers may be less inclined to adhere to health and safety laws if they thought there would be no repercussions. Unscrupulous bosses may be tempted to save money by failing to repair and maintain machinery; basic health and safety checks could be a thing of the past, and as for employee’s rights – forget about it! Of course not all employers are like this, but with stringent laws in place and the freedom to claim compensation, employers may think again before cutting corners in the workplace.
Personal
Injury Claims don’t just apply to the workplace, so if you think you are
eligible to make a claim, take a look at our website, or contact one of our personal
injury solicitors Burnley the friendly advisers today.
http://news.bbc.co.uk/1/hi/uk/1024540.stm
