A personal injury can be classed as
anything that causes harm to a person, including physical injury, psychological
injury, disease or illness. There are many accidents that can result in
personal injury e.g. traffic accidents, a slip, trip or fall, or accidents at
work. When an accident has occurred that has resulted in personal injury to an individual
it may possible to make a
compensation claim, as long as there is clear evidence of the fault lying
with another person or organisation.
After
The Accident: What Should I Do?
If you have been involved in an accident
that has resulted in personal injury and believe that it wasn't your fault then
you may wish to file a complaint or make a compensation claim. There are
certain actions that you should take in the aftermath of the accident to ensure
that any evidence you may need can be provided promptly.
·
In some cases such as a
road traffic accident it may be necessary to inform the police, they will
conduct their own investigation and compile their own report as to the cause
and consequences of the accident.
·
Even if your injury
seems minor, you should always see your doctor as soon as possible. This is for
two reasons, the first is that your injury may be more severe than you realise
and if untreated could result in you suffering more than necessary and
secondly, if you do decide to go to court to get compensation for your injury
your doctor will be asked to provide a medical report.
·
Gather evidence about
the accident yourself. If possible it can be useful to take pictures of the
accident scene, as well as your injury in the immediate aftermath. Write your
own account of the accident as soon as possible while it is fresh in your
memory, and continue to add any issues arising that are relevant to the
accident. You should also make a note of any witnesses and if possible take
down their contact details.
·
If your accident
happened at work then you need to record all the details in an accident book.
If there is not an accident book then independently write your account of the
accident and send a copy to your employer.
How
To Claim Compensation
There are various ways that it is
possible to claim compensation for
personal injury. You can go the traditional route of taking legal action in
a civil court, it is also possible to use a claims management company or to
make a claim to the criminal injuries compensation authority. In some cases it
may also be possible that there is a special government compensation scheme
that is relevant to your injury. These schemes usually relate to injuries such
as asbestos-related diseases or vaccine damage. In all of these cases there are
two types of compensation you can claim.
1. General
damages – Covers pain and suffering as well as loss of future earnings.
2. Special
damages – Covers the per-calculated financial loss you have already suffered.