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Personal Injury Claims
[16.11.10] |
 A claim for personal injury arises if you suffer an injury that results from the fault or negligence of someone else. However, such a claim is only possible if the claimant has suffered an actual and significant injury. A small cut or bruise that heals quickly is no grounds for a claim, no matter how painful it feels at the time it is inflicted.
Personal injury claims will only succeed if they can be shown to have resulted in pain and suffering or financial loss. A wilful act or negligence that could have resulted in injury but actually did not means nothing for a claim. The aim of a claim is to compensate you for that suffering or loss and your claim is against the person or persons that caused it.
Consequently, the amount of compensation you are likely to receive if your claim is successful is dependent on the extent of your loss or suffering. It has absolutely nothing to do with how much the defendant has and the level is not set to inflict any sort of punishment on them.
If you have suffered real injury and loss, you will need to provide evidence. This can be provided by your doctor, who can describe the extent of your injuries and attest that you were unfit to work for a specified period. Your employer may also indicate how long you were away from work and provide an estimate of the subsequent loss of earnings. If you have a good claim and there is a reasonable chance of success, you may be able to pursue it on a 'no win, no fee' basis. That way, there's no risk of it costing you money if you lose the case.
Some people feel guilty when they pursue personal injury claims. However, if they've suffered through it and have lost money, it may be the only way of getting any compensation. If the injury results from negligence, the claim may also cause the fault to be corrected and so mean that no others have to suffer in the same way.
Many injuries result from slips, trips and falls caused by trailing cables, damaged flooring or wet floors. Gaining compensation for injuries you receive may cause the problem to be fixed since this will be cheaper than risking further claims. Using a personal injury lawyer to process your personal injury claim gives you the best chance of a successful conclusion.
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