Personal Injury Claims - Should The Law Be Changed?
There are a range of instances where it may be applicable for an individual to make a personal injury claim – from road traffic accidents to medical negligence and accidents in the workplace. While there have been several stories in the news recently about the soaring rate of whiplash claims being made following accidents involving a vehicle, personal injury claims are important to thousands of people every year who are hurt and suffer on-going trauma as a direct result.
A personal injury claim can be made for two types of compensation. The first is general damages. This covers the non-monetary side of the accident and compensates for the harm suffered such as pain, reputation, loss of companionship and disfigurement. These are obviously not easily quantifiable and it is down to the judge to finalise the amount unless the case can be settled out of court.
Special damages cover the actual costings such as cost of on-going treatment, loss of earnings and other fees as a direct result of the accident.
During the personal injury claim process, the plaintiff's solicitor will write a letter to the defendant informing them of the case and asking whether they admit liability. If they do, the process is usually far shorter and can regularly be settled without needing to go to court.
It is a very good idea to gather evidence before making your claim of your injury. This could include Doctor's reports, pictures, accident reports or anything else that can verify what took place and who was involved. In many cases especially road traffic accidents, specific evidence will only be needed later down the line of the claim and in the first instance a report of what took place will suffice.
While there has without a doubt been a rise in the number of whiplash claims after road traffic accidents, any changes to the law should be carefully considered. There are thousands of people every year who claim compensation after an accident and the money they receive can be used to rehabilitate them and pay for any on-going care. Recent changes to personal injury law have been working towards protecting the plaintiff from losing too much of their compensation under arrangement such as no win no fee – a big step forward in the personal injury legal system. If we look to protect drivers from being subject to a claim related to whiplash that could have been avoided, we must make sure that those who need to claim compensation are still able to do so.
A personal injury claim can be made for two types of compensation. The first is general damages. This covers the non-monetary side of the accident and compensates for the harm suffered such as pain, reputation, loss of companionship and disfigurement. These are obviously not easily quantifiable and it is down to the judge to finalise the amount unless the case can be settled out of court.
Special damages cover the actual costings such as cost of on-going treatment, loss of earnings and other fees as a direct result of the accident.
During the personal injury claim process, the plaintiff's solicitor will write a letter to the defendant informing them of the case and asking whether they admit liability. If they do, the process is usually far shorter and can regularly be settled without needing to go to court.
It is a very good idea to gather evidence before making your claim of your injury. This could include Doctor's reports, pictures, accident reports or anything else that can verify what took place and who was involved. In many cases especially road traffic accidents, specific evidence will only be needed later down the line of the claim and in the first instance a report of what took place will suffice.
While there has without a doubt been a rise in the number of whiplash claims after road traffic accidents, any changes to the law should be carefully considered. There are thousands of people every year who claim compensation after an accident and the money they receive can be used to rehabilitate them and pay for any on-going care. Recent changes to personal injury law have been working towards protecting the plaintiff from losing too much of their compensation under arrangement such as no win no fee – a big step forward in the personal injury legal system. If we look to protect drivers from being subject to a claim related to whiplash that could have been avoided, we must make sure that those who need to claim compensation are still able to do so.