What To Claim For In A Personal Injury Case?
Suffering from injuries is devastating. Not only do they make you go through a lot of pain, but you also suffer from financial losses while paying for your medical treatment and getting time off from work to recover. Fortunately, if it happened because of someone else’s negligence, the law gives you the right to claim financial compensation.
After sustaining injuries, you’re entitled to claim for the pain, loss of earnings, and even the future loss you’ll incur. Moreover, you can also claim for the clothes damaged in the mishap, the commutation costs you incur while dealing with your injuries, the support provided by your family or friends, and any other stuff you had to purchase to recover from your injuries.
How We Help
If you or anyone close to you has suffered injuries, which happened because of someone else, your claim will be viable. Read further to learn what we offer and how Hamilton Douglas Legal can fight for the claim on your behalf. Our experienced and highly skilled personal injury solicitors have dealt with thousands of such cases and have delivered positive results.
What Type Of Damages Can You Claim For An Injury
If you’ve sustained an injury or got ill, which wasn’t your fault, you should claim compensation for the damage you’ve suffered. There are two types of damages you can claim: general damages and special damages.
What Are General Damages
General damages are the most common type and also considered as the first part of compensation claims. You can earn monetary rewards through this type of compensation if you have directly suffered from injuries, an illness that happened due to the negligence of someone else, and any loss of facility or feature. Put simply, any effect the mishap has brought on the standard of your life, can be compensated. However, the amount of money will depend on the severity of your injury, the pain and loss it has caused you. The courts have also provided guidelines on the amount that should be compensated for general damages.
Special Damages
The second part of compensation claims and the not-so-common one are special damages. The purpose of these damages is to get you back in a stable financial position than you were previously in before you picked up injuries. The special damages are meant for any extra costs or losses you incur as a consequence of the mishap. Since these damages also cover the indirect expenses, they are sometimes called the, “out of pocket expenditures”. The special damages will cover all the direct expenses that you had to bear as a result of the accident, as well as all the other expenses that you might have to face shortly. These will vary depending on the circumstances. They include:
- Loss Of Earnings – the special damages will compensate for all the income losses you’ve incurred as a result of the injury. In addition to that, they shall also cover the future losses which you’ll have to suffer because of being unable to work. You’re entitled to get compensation money if you need to take time off work to recover from serious injuries. If you or anyone close to you who has sustained injuries, was self-employed, the case will have a lot of complications, and it’s advisable to seek a professional personal injury solicitor for such cases.
- Family Loss Of Earnings – if the injuries you sustained were severe, for which you needed someone else to take care of you, those family members will also be compensated. If any of your relatives have taken time off work to take care of you, transport you to the hospital, or bought necessary stuff for your recovery, they can have a claim for it.
- Treatment, rehabilitation, and other care costs – special damages will cover all the treatment costs, rehabilitation, and care costs you have incurred and may need in the future. The compensation will cover these costs for, as long as you haven’t fully recovered, even if it’s for the rest of your life.
- Damages To Property And Assets – if the accident has brought any damages to your property or possessions, which include anything as big as your house, car, motorbike to smaller stuff like spectacles, clothes, mobile phones, laptops, and computers can be claimed.
- Aids, Adaptations, and Any Other Material – the damages will cover all the aid and equipment that is necessary for you right now, or for the coming days. Moreover, any adaptation and changes you will have to make to your house will also be covered. For instance, if you need to widen the doors or windows for stretchers and wheelchairs, or install an escalator or lift. All such costs will be covered as well as the whole cost of a new home will be covered if needed.
When Will You Get The Compensation
As soon as both the parties have agreed upon the general damages or special damages, you will receive your final payment. There are also a few cases where you can get interim payments if the other party has admitted their fault and taken responsibility for your sufferings. These interim payments will be received before the final settlement is agreed, in order to support you with the ongoing expenses.
In cases where future costs like aids, equipment, or carer costs are involved, the parties will agree to periodical payments or installments. These short payments will carry on for as long as you’re incurring the injury costs to make sure all your needs are secure.
Bear in mind, that every compensation claim is different, and has different complications. Therefore, it’s important to get in touch with HD Claims solicitors who are well-versed in matters of the law to help you understand what type of damages you’re entitled to claim.
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