suffering personal injury every year. An accident injury can occur on
the roads and footpaths, at work, in public places, at home, at
school, during medical treatment and in many other situations but
whatever the location, if the accident was caused wholly or partly by
someone else, a right to compensation is likely to exist.
In many cases the accident and consequent injury is through no fault
of the injured person but is caused by someone else. Some common types
of accident claims which may occur are:
1. Road traffic accidents [2] - injuries to vehicle occupants,
pedestrians, cyclists
2. Accidents [3] at work including industrial diseases
3. Accidents [4] in public places
4. Injuries caused by defective goods or products
5. Medical or dental negligence
"Special Damages" is the term used to describe the compensation which
can be recovered from the negligent party in respect of expenses or
financial losses suffered as a result of an accident and which can be
reasonably easily quantified. Examples of the types of items which may
be involved are :
1. Loss of past earnings and assessed future earnings
2. Medical Expenses - past and future
3. Cost of nursing or other professional care - past and future
4. Gratuitous assistance eg unpaid help from family and friends
5. Prescription charges
6. Travelling expenses for attending hospital, doctor etc for
treatment resulting from the accident
7. Costs of gardening, decorating, housework etc if you have to pay
for this to be done because you are no longer able to do it yourself
8. Loss of or damage to your property
Obviously not all of the above will apply in every case and there may
be other items depending on the individual circumstances of each
claim.
In order to claim successfully it will be necessary to prove that the
person was negligent and that the negligence caused the accident
resulting in the injury. Where a claim is being pursued for specific
items of financial loss or expense, satisfactory evidence will be
required to support the amount being claimed.
Certain areas of claim such as pain and suffering, loss of future
earnings, loss of amenity will normally be assessed by the court.
With certain exceptions a claim for personal injury compensation must
be brought within three years of the accident. The main statute
governing time limits is the Limitation Act 1980. The issue is complex
however and there are situations where a shorter period may apply.
Despite the three year period therefore you should contact a solicitor
as soon as possible if you wish to pursue a claim.
Accident Claims are complex, sometimes exceedingly so, and to pursue a
claim you will need the services of a solicitor with particular
expertise in this area. Making the right choice of solicitor is a
matter you should take careful consideration over to make sure your
compensation claim is handled effectively whether it is settled in or
out of court.
Ian Hass is owner of Ecompensation, the online marketing arm of
Excalibur Solicitors, an experienced UK law firm specialising in all
forms of accident claims. Ecompensation handles claims for Accident
Types including No Win No Fee Whiplash Injury, Accidents [5] at Work
and Car Accident Claims.
Links:
------
[1] http://caraccidentsus.info/tag/accidents/
[2] http://caraccidentsus.info/tag/accidents/
[3] http://caraccidentsus.info/tag/accidents/
[4] http://caraccidentsus.info/tag/accidents/
[5] http://caraccidentsus.info/tag/accidents/
Không có nhận xét nào:
Đăng nhận xét