The risk of accidents may be mitigated but not completely avoidable. People get injured while at home, work, the outdoors, or in their cars. The injuries may be due to the actions of another. Road accidents account for a huge percent of personal injuries with home and workplace injuries following suite.
In most cases, few individuals make personal injury claims irrespective of the nature or place where the accident occurred. It maybe they are not aware of their legal rights or the know their rights but not know how to make a claim. At times, some people opt not to make claims because they do not view the injuries as bad enough to warrant an application.
What The Law States About Personal Injury
According to the law on injuries and compensations, a person has the rights to get compensation for injuries or death caused due to an accident that is the fault of someone else. The injuries or harm may be physical, emotional, or both. The compensation claim will put into account various issues include those of, the suffering caused, the medical bills, and death.
Types Of Damages Awarded
The personal injury claims will award compensations for two types of damages or injuries; the two are punitive damages and compensatory damages.
Compensation for punitive damages are will not see the injured award claims but will have the person accused of inflicting the injuries punished. Punitive damages are rarely awarded in most personal injury cases, and if they are, then that is after compensatory damages are in effect.
Compensation of compensatory damages is awarded on the basis of monetary (special damages) and non-monetary (general damages) losses. These put into consideration what the injured person would be or achieve before the accident.
Filling for personal injury claims
While the law does specify that injured persons can file for compensation, certain aspects of the process will determine if the claimant gets full compensation or none. As such, the applicant should take the following measures before filing for compensation after the accident.
• Having all the information of persons involved in the accident
• Take evidence of damages dealt peoples and properties involved in the accident
• Calling the person injury lawyer and the insurance company to information of the accident
• Reporting the incident to the police for all the relevant information about the accident to be recorded, which will also be used for the person injury compensation cases.
A personal injury can severely affect an individual’s life both direct and indirectly. As such it is important to understand the various aspects of filing for injuries claims to better the chances of getting full compensation.