Types of Injury that Can and Cannot Be Claimed for
Accidents happen in many ways, under many different circumstances, and can result in minor to severe injury, and sometimes even death. If you have been harmed in an accident that wasn’t your fault and are considering making a personal injury claim, you may be wondering if you are eligible. It can seem daunting, but it needn’t be, as the claims process has been designed to keep hassle, stress and paperwork to a minimum. You may be wondering if the accident you have had entitles you to compensation, and whether your injury indicates compensation. Below are listed the most common types of accidents, and injuries which have resulted as a consequence.
It is important to note that this list is by no means exclusive.
• Road accidents most commonly resulting in whiplash; spinal injuries; broken bones and so on.
• Accidents in the workplace: faulty equipment leading to accident; insufficient protective safety clothing leading to accident; contraction of industrial disease; inadequate manual handling training leading to injury etc.
• Public liability: slips, trips and falls.
• Injuries caused by medical negligence: birthing injuries; misdiagnosis or delay in diagnosis; needle stick injuries; wrongful prescription or administration of medication leading to complications such as side effects; neglect leading to deterioration of patients’ condition; contraction of an HIA – Hospital Acquired Infection e.g MRSA.
Types of injury which can be claimed for can be any of the aforementioned in the list, and indeed countless other types of injury which have not been listed. In order to be eligible the injury must have incurred some cost to you as a result; this can include loss of earnings due to the inability to work because of your injury; medical costs associated with the treatment of the injury; any psychological harm you may have sustained as a result of the accident; whether further medical treatment is required; damage to your property e.g. your car; insurance premiums you may have had to pay as a result and so on. You will also require proof of the suffering you have incurred as a result of your injury; a medical examination is required before a claim can be processed in order to substantiate your injuries and present a strong body of evidence to the defendant.
If you have suffered an injury which has not left you financially exposed – i.e. you have not required time off work as a result etc., it is unlikely you are eligible to make a claim. Subsequently, if the accident you suffered was a result of your own misfortune i.e. not complying with health and safety regulations in the workplace: not wearing correct safety equipment provided by your employer resulting in an injury etc, you are not eligible to make a claim. It is important to remember that compensation is not awarded as a reward to the claimant, nor as punishment to the defendant; but to put the claimant in the financial position they would have been in had the accident not happened. It is a means by which to restore some normality to the claimant’s quality of life and to aid the prevention of further incidents happening again. Additionally, it is extremely important to note that there is a three year period in which claims can be made, following the accident. If you have had an accident through no fault of your own and do not make a claim within the three year period following the incident, you will no longer be eligible to claim.