In this day and age, when the media is responsible for much of what we come to understand about the world, the subject of personal injury claims is one over which many find themselves torn.
Oftentimes people cite outrageous cases, in which a so-called victim has received a staggering amount of money for a seemingly trivial claim, to argue that claiming for personal injury is irresponsible and does more damage to society as a whole than it benefits the individual claimant.
However, using extreme examples of people abusing a system designed to protect them is no way to go about judging any area of the law; by arguing this way, one could easily propose abandoning the law altogether! Despite the vast range of cases classed as personal injury claims, they all have something in common; somebody has experienced something significantly adverse as a direct result of the negligence of another.
Classified as claims for general damages, these cases involve compensation being awarded for suffering experienced by one party, caused by one another.
However, due to the huge number of similar cases brought to court ever year, most are judged using similar previous cases, in which the conditions are determined to have been comparable.
It is often this practice that brings about the infamous cases of people reputedly being awarded unfair damages, as the conditions proposed in the courtroom clearly do not match the conditions reported by the media.
Due to the impact that previous cases have on personal injury claims, nobody should ever attempt a large claim without first hiring a personal injury lawyer to assess the case, judge their chances of success and, eventually, take the case to court.
Smaller claims for minor injuries and losses can be handled without a lawyer, though the time-consuming and stressful nature of making claims means many people would rather have a professional shoulder the burden, even in the smallest of cases.
Whether they hire a lawyer or not, however, claimants should always be certain to accumulate all evidence that will support their claim and provide proof of the suffering and losses they have experienced.
Although establishing liability is paramount in personal injury claims, once this responsibility has been recognised it is of the utmost importance that the claimant can provide enough evidence to ensure they are awarded ample damages.
Proof of property damage, loss of wages and personal injuries are all vital if the claimant intends to receive compensation in these areas, as are receipts for any health care, child care and repairs that have been incurred as a direct result of the negligence of the defendant.
As with any area of the law, personal injury claims are open to abuse.
Yet the fact that some people successfully get away with unfair claims does not mean everybody else should feel guilty about claiming for genuine suffering caused by genuine negligence.
Personal responsibility is a fundamental part of civilised society; when people cannot be counted-upon to take responsibility for their own negligence, which is causing harm to others, it is the role of the law to step in and ensure all disadvantaged parties are compensated.