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When can I claim compensation after being injured?

18th December 2012 Print

If you have suffered an injury or illness through any type of accident that was not your fault then you may have a basis for a compensation claim. The area of law that covers personal injury compensation is complex and the legalities involved require the advice and attention of lawyers who specialise in the field.

So when should you consider contacting a personal injury lawyer?

If it was not your fault

If there has been an incident which has had detrimental consequences on your ability to go about your daily business or has resulted in injury or illness, you may have a right to claim. This may have been caused accidentally, through human error or due to mitigating circumstances – whatever the case; if you are not to blame then you may be entitled to claim.

Insurance policies exist to protect companies or individuals from these claims, taking liability for the compensation. This means any claim you make against them will typically be paid through the insurance rather than coming from directly from the individual.

Examples of the kind of incidents that can be the basis for successful compensation claims are extremely varied, ranging from work related accidents through to road traffic collisions or medical procedures that have been carried out improperly.

After a traffic collision

If you have been involved in a road traffic accident that was the fault of another road user then compensation for the effects it has had on your wellbeing is a particularly strong basis for a claim. Common adverse effects of being involved in a collision include whiplash neck injuries and back problems which can be extremely debilitating over a lengthy period.

After an accident at work

If your problems had their beginnings in the workplace, then it may be the case that safety regulations have not been adhered to or that faulty equipment lies at the cause of the incident. In these circumstances, avoidable accidents can occur and in many cases liability will lie with the employer.

After medical negligence

Another common area that can form the basis for claims is when it comes to medical treatment. If you have suffered adverse effects following a procedure, course of treatment or incorrect advice then there may well be a case for compensation. Medical negligence can be difficult to prove, so it is important to speak to professionals before pursuing action.

After intentional damage

Of course sometimes the cause of your problem may be of a criminal nature where there is no insurance cover. In these cases it is even more important to have an experienced professional fighting your corner in the courts.

What constitutes a personal injury?

The effects do not just have to be a physical injury but can include any illness, whether physical or psychological, that causes you to be unable to carry out your daily duties. Anything that impacts your quality of life or ability to work can lead to compensation awards which take any loss of earnings or costs and expenditure you may have had to pay into account.