Compensation Claims for Personal Injuries Explained

Accidents have become a part of life. And although many people will claim that both, good and bad things have happened to them 'accidentally', here, we are discussing accidents that cause injuries – that is, the 'bad' type of accidents. Such accidents could happen anywhere and they are bound to cause injuries in some form or another. Also, the accident could be entirely our fault, partly our fault, or due to some one else's fault – wholly or partly. When it is the last case, the injured party is eligible to seek and receive compensation.

Claiming compensation or 'making a claim' as it's called in legal terms, is a provision made by law to compensate innocent victims of accidents. The injuries suffered by such victims are called personal injuries (since they're suffered on the person of the individual). Personal Injury is a specific branch of law which deals with claiming compensation for personal injuries suffered due to a variety of causes and in a variety of circumstances. Some examples are:

1. Personal injuries caused in a road accident
2. Personal injuries caused at the work place
3. Personal injuries caused by slipping, tripping or falling.
4. Personal injuries caused due to negligence of a medical expert or employee
5. Personal injuries caused due to defective goods or services
6. Personal injuries caused by animal bites

The injuries could be external (bleeding, bruising, etc) or internal (hemorrhage, organ failure, etc). The party responsible could be an individual, an organization, or the government. The injury may be minor or serious. As long as it was not the fault of the one who suffered, it is a valid basis for a compensation claim. The goal of personal injury law is to minimize or make up for undeserved suffering of an individual through monetary compensation.

The compensation provided by court is to make up for any and every financial loss that occurs out of the accident. This could include the medical expenses, any loss of earnings due to being incapacitated, loss of property, changes in lifestyle and other financially loses. These are termed as 'Special Damages' and can be calculated exactly if the actual financial loss is known. The compensation also makes up for loss that cannot always be measured – such as emotional stress, physical pain and suffering, trauma, tension, shock, inconvenience -- that the injury may have caused. These are ascertained by the court after going over the extent of the injury and its severity. Such damages are called General Damages.

Because it is a legal provision, filing a claim is not always easy and there are special solicitors called personal injury solicitors who handle the process. The solicitors work closely with the victim, and the insurance company (if any is involved) to study the details of the accident and prove the validity of the claim in court.