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Personal Injury Compensation
[17.11.10]

If you are involved in an accident which was not your fault, you do have an entitlement to compensation. This is something which most of us are aware of. But many people do not know exactly how the system works, which types of injuries are covered by the legislation and how much compensation they may be able to claim.

This handy guide should point you in the right direction and take away some of the worry which might be associated with how to claim and what your entitlements are.

Personal Injury:
  • This is classed as a physical or psychological injury or illness. This also includes death. This can include injuries which are caused at work, mental stress, trips or falls, injury caused by the failure of any good or services purchased, errors made in hospital, injury caused by crime or a traffic accident.
  • The injury must have been the fault of another person, agency or company.

What to do:
  • Inform the police and your insurance company if necessary. This is particularly true if you are injured in a traffic accident or from a crime.
  • If the accident occurred at work ensure it is recorded as per the health and safety regulations.
  • Visit your doctor to get a medical report of your injury, even if it is minor.
  • You might want to make a formal complaint about the accident to the relevant authorities.

Getting Compensation:
  • Use a claims assessor (sometimes referred to as a "no win, no fee" lawyer). This may mean less compensation as they are not usually lawyers as such and will not go through the court system. You may have to pay part of the compensation as a fee, if you win.
  • Take your case to court with the help of a solicitor. You may be entitled to legal aid or will have to pay your legal fees. If you win the fees may be sought from the other party.
  • The Criminal Injuries Compensation Authority will handle your case if the injury was caused by a crime. You need to have reported the incident to the police.

How Much Compensation?:
  • Compensation is designed to put you back into the position you were or would have been if you had not been injured.
  • General damages will pay for pain and suffering or compensation for the injury itself.
  • Special damages will cover costs associated with the injury such as care, travel to hospital, medical expenses or damage to property caused in the accident.
  • Those who are awarded compensation and are on benefits because of their injury will be expected to pay the benefits back when they receive the compensation.



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