As personal injury claims are based on negligent actions result in harm; the injured person can take legal action against the liable party. Negligence might arise as lack of taking action to eliminate the risk, ignoring to obey the regulations in a business or a workplace to provide safety or disregarding the rules and limitations in public roads.
As personal injury claims are based on negligent actions result in harm; the injured person can take legal action against the liable party. Negligence might arise as lack of taking action to eliminate the risk, ignoring to obey the regulations in a business or a workplace to provide safety or disregarding the rules and limitations in public roads. Depending on the situation, the injured party may be able to claim compensation to recover their loss. In personal injury claims, the loss relates to both economic and non-economic and both may be reimbursable. However, the process might be tough and should be handled with great solicitude.
Understanding liability
Although the term liability has a very broad meaning,in personal injury claims, liability refers to owe a legal duty to provide a safe environment to others. In workplaces, the employer is legally responsible to take precautions to prevent any harm. In motor vehicle accidents, the duty of the driver is to obey the rules and limitations to avoid threatening others’ life. In public and private properties, the health conditions of the visitors, customers or clients should be secured by the businesses regardless of the type of business. In case of an accident, these businesses might be determined as the liable party having regard to the situation. Therefore, a lawsuit may be filed against them.
Although the businesses might be charged with breach of duty, not on every occasion the business can be found guilty. The understanding of obvious risk is very important before filing a claim as compensation may not be awarded to those suffering the outcomes of their own negligence. If the claimant sustains a loss due to foreseeable risks, the other party might not be found liable for the incident.
Athletic activities such as recreational sports include inherent risk due to the nature of the action. It is likely to get hurt while performing sports such as jogging, bushwalking, hiking, canoeing, surfing, martial arts and horse riding. If the person suffering injuries due to similar risk-containing activities, compensation might not be claimed as the risk is considered as a part of these sports.
Compensation for injuries due to a negligent act
As mentioned, the insurer or the court should be satisfied that the business owed you a duty to maintain your health in good condition and it was breached due to the actions stated previously. If the liability can be proven, the claimant may recover their loss by way of compensation. Depending on the case and the situation, statutory benefits –which includes wage replacements and medical expenses- and lump sum compensation may be awarded.If the accident led to permanent impairment, lump sum payout may be awarded both for economic and non-economic loss as long as the victim’s impairment degree is above the specified threshold.
How to claim personal injury compensation?
Rightfully, the person suffering injuries and financial difficulties may claim compensation under the Personal Injury Law. Please note, depending on the case, the personal injury compensation entitlements of the claimant might differ as each related Act includes slightly modified entitlements and the procedure to establishing the negligence differs due to the natural difference between motor vehicle accidents and medical negligence incidents. It is recommended to seek legal representation by a personal injury lawyer as individuals might not be aware of their rights and the necessary procedure to follow. Hiring a personal injury lawyer will contribute to the case greatly. Your lawyer can manage most of the process while you can continue your daily life and arrange the necessary appointments for you. However, the biggest advantage of working with a lawyer can surely be seen in the amount of compensation as the lack of knowledge in individual representations is likely to end up with under-compensation.
