Getting the full value of a personal injury compensation claim is often of paramount importance to people who have suffered a serious injury due to a third party´s negligence — not only for themselves, but for the secondary victims of a personal injury. Secondary victims are those who have to live with the consequences of a loss or injury to a loved one, and personal injury compensation can provide financial support for the parents of a child permanently injured during its delivery, the wife who has to care for her catastrophically injured husband after a serious car crash or an older sibling, who has to take care of his younger brothers and sisters due to a parent´s breakdown due to excessive stress in the workplace.
Even in less severe circumstances, the consequences of an injury to the primary victim can have an effect on those with whom they live. Imagine the shopper who has slipped on a wet surface in their local store and twisted their knee. Practically the only thing they can do to aid their recovery is to rest and allow the ligaments and soft tissues to heal. During this time additional demands are placed on family and friends — not least when the lack of mobility results in the victim becoming depressed and repelling those who were sympathetic and willing to assist previously. Although personal injury compensation may not prevent the onset of depression in these circumstances, it can make up for the temporary deterioration in the victim´s quality of life and those who share the same living space.
This is the question most commonly asked of solicitors and those representing clients in claims for personal injury compensation. The truth of the matter is that until a full assessment of the injuries and consequences of the injuries has been made, it is impossible to tell. No two claims for personal injury compensation are identical — even when the injuries sustained are similar — and this is why it is always in your best interests to consult with a personal injury compensation solicitor as soon as you have received medical attention for your injuries.
The four main elements of any personal injury compensation settlement are:-
There is frequently more than just the basic elements involved in a claim for personal injury compensation, and how much is allocated for each can vary according to age, gender and your general state of health prior to the accident.
In order to get the full entitlement of personal injury compensation, it is frequently the case that solicitors have to overcome many different issues. The primary one is contributory negligence, where a client has contributed to their injury by their own lack of care. This lack of care could be present in the circumstances which led up to the injury being sustained or the failure to seek medical attention as soon as the injury occurred — thus exacerbating the injury and inviting claims of contributory negligence.
Personal injury compensation claims also have to be filed within a certain timeframe to avoid becoming time-barred. This “Statute of Limitations” can vary according to the manner in which the injury was sustained or where it occurred but, if insufficient time is available to construct the strongest possible claim on a client´s behalf, the value of a personal injury compensation settlement can be compromised. Claims for personal injury compensation involving children also have their own procedures, but possibly the biggest threat to receiving a fair and adequate personal injury compensation settlement is the intervention of the negligent party´s insurance company.
When somebody has been responsible for causing an accident, they are usually obliged to advise their insurance company under the terms of their insurance policy, irrespective of whether it is a car insurance, public liability insurance or medical insurance policy. As in most cases the negligent party has contact details of the injured party (after a car collision, accident at work, a public place or hospital), it is not unusual for the negligent party´s insurers to contact the victim directly with an offer of early settlement in lieu of a potential personal injury compensation claim.
Inasmuch as these offers may be welcome at a time when you are recovering from a physically and emotionally traumatic experience, it is worth considering that an insurance company is in business for the benefit of its shareholders. Furthermore without a full assessment of your injuries in relation to all the element of personal injury compensation as mentioned above, how can the insurance company tell that what they are offering constitutes a fair and adequate settlement of personal injury compensation? Often this approach happens soon after a victim has acquired their injuries, and this is recommended that you contact a personal injury compensation solicitor as soon as possible after you have been injured in an accident for which you were not wholly to blame.