What Is Personal Injury?

No doubt we’ve all seen the TV adverts, emails, text messages, billboard signs etc….. “Make a claim for your personal injury”, “our lawyers will help you”, Kind of annoying aren’t they?With all this propaganda it’s no wonder that court cases are on the rise each year but what exactly is “Personal Injury” and how do you know if you can claim?

The term “personal injury” is a piece of legal jargon which basically means an injury has occurred to a person’s body, mind or emotions. Most commonly it refers to a lawsuit where the injured party claims their accident was caused by the negligence of someone else. Types of damage that can be claimed for include bodily injury and either intentional or negligent infliction of emotional distress (IIED and NIED).

The most common types of cases include things such as road traffic accidents, accidents at work, in the home or whilst on holiday, trips and falls, assault claims and product liability. You can also claim for medical and dental accidents as well as for some industrial diseases like occupational stress, chest diseases, repetitive strain injury and asbestosis. It is possible to claim for both special and general damages. Special damages are costs incurred due to medical expenses or loss of earnings and general damages are for things such as pain, suffering and emotional distress. It is possible to claim for both of these during one case.

Obviously the more severe the injury the higher the settlement will be, life changing injuries such as severed limbs or brain damage, which cause extreme amounts of pain and suffering will receive more than someone with a less severe injury. It is also possible to be compensated if your injury has a lifetime effect. For example, if a footballer breaks his leg so he can’t play anymore, he will be compensated for loss of amenity.

There is a time limit involved for claims. It is not possible to commence court proceedings more than 3 years after the date of the accident, unless you were under the age of 18 at the time which means you have the right to claim until the day before your 21st birthday. A court can extend or waive your right to claim as it sees fit.

If your case is successful payment will be made through a settlement agreement or a judgement if the case has gone before a jury. This can be paid in either a lump or made over a period of time, this is called a structural settlement.