Many people face serious injury but very rarely give a thought to the realities of needing help after an injury. People very rarely plan to get injured. Hopefully, you will never have to experience needless pain and have to seek compensation from somebody else or a company as a consequence. However, few people can be sure of this. Marc Lamber, a respected injury lawyer, says that “In a modern society those who are injured because of somebody else’s negligence or failure to take proper care should not lose financially”.
What is compensation?
Compensation is usually split into three parts. Each part considers the seriousness of the injury and considers what the person has lost, what they might lose, and what they might need in the future. Some even take into consideration the amount of suffering caused by the injury, though this can be hard to put a monetary value on.
General damages: Covers compensation for the pain and suffering as well as the detrimental effect on your quality of life after the accident. The court and judge will use previous cases with similar injuries as a comparison. Often, they will take into consideration the length of time that the claimant is in pain. This is the time to think about how long your injury has caused you to suffer and the residual effects of the injury. For example, if you played sport and are now unable to do so.
Special damages: This is compensation for expenses related to the injury paid directly and upfront. This is calculated by keeping a record of any extra expenses that you have had to deal with from the moment the injury occurred until the case is settled. This can include things like travel expenses, medical treatments and prescriptions, any adaptations you have had to make to your property, and any additional care or assistance that you have required during your time injured. This can even include things like childcare.
Special damages for future losses: This covers any compensation for the future loss of earnings or the loss of earning potential as well as things like future care. This is trickier to calculate and is done through medical examinations as well as your ability to continue work and study. It becomes even more difficult if you are self-employed and do not have a fixed income.
You should consider a few different things when it comes to this such as nursing care, special equipment like prosthetic limbs, these need to be replaced every few years, and any change in work if you are unable to continue the job that you had before the accident.
Should you just get on with it?
The effect of the injury on your health should never be underestimated. Even a minor injury can be painful and disrupt your life. If you have fractured your wrist, you may be unable to drive on a temporary basis which will not only affect your social life but may affect your work. This can increase your expenses. Basic tasks such as washing your hair can become challenging. All of this is because of someone else’s negligence. This seems unfair and it is only right that you get the compensation that you deserve.
Imagine if this was more serious than a minor injury. If you have lost a limb, for example, you should be compensated for the rehabilitation and the financial losses that you have experienced. In this case, you may even feel that the pain and suffering you have experienced is unquantifiable as your life will have changed forever.
Can all injuries be compensated?
Sadly, this is not the case. There is a difference between an injury caused by an accident that could not be avoided and one that is caused by someone not following procedures or being negligent in their duties. You only have a right to compensation when you have been injured by somebody else or by them not doing what they should have done.
What makes a successful claim?
In order to make a successful claim, you need to establish beyond doubt that someone can be held responsible for causing your injury. This is establishing liability. This is not always easy to prove. It is part of your lawyer’s job to establish that the person or company who caused your injury did so through negligent means. This would mean that they are legally answerable for your injuries.
From there, your lawyer’s job is to prove that that negligence then caused your injury. It establishes the causation of your injury. If you were to fall from a height and break your back, and the reason for your fall was faulty equipment provided by the company then it is undoubted that the cause and the injury are linked. This is not always clear cut though and requires some investigation and legal skill on the part of your lawyer.
How is compensation calculated?
It is a complicated process. Two people with the same injuries from the same event will likely still receive different levels of compensation. This is because they both have individual needs. Also, an event and injury can affect people differently. It can be down to age, ability to earn, and family life. The judge oversees compensation payments in most cases of personal injury cases to ensure that the damages are fair not only to the victims but to the company as well.
Claiming for injuries
Claiming for injuries is probably the last thing on your mind when you have been injured. However, you should still pursue it when you have the time to think about it. If you are injured and it was not your fault, then there is no need for you to suffer additional hardships out with your injury.
Whilst it may seem like you are just causing a fuss for no reason, you should see the value in yourself and make sure that you are adequately compensated. An injury may affect your work, social, and family life. Don’t let yourself be pushed to the side without any assistance.