Ask any law firm and they will tell you that personal injury compensations are the most common claims.
These claims are meant to benefit a person who has been injured due to the negligent or wrongful actions of other individuals. But given the extent of what comes under “personal injury,” there’s a lot of confusion regarding the claims.
However, it’s totally dependent on the type of injury that has occurred and other specifics of the case. That’s why we have listed down the types of expenses incurred that can be claimed.
Personal Injury Compensation Types
General damage, also known as “damage for pain and suffering and loss of enjoyment of life” is one of the most commonly sought compensations. It broadly refers to the pain and suffering experienced by the victim (due to the injury) compared to the pre-injury life. Hence, it includes both physical and mental trauma like depression or anxiety.
Furthermore, general damages may be divided into two categories, viz., the current suffering and the one that may have a long-lasting impact. Since it’s difficult to calculate the latter, it’s better to consult a professional injury lawyer to understand all the claims you’re entitled to.
2. Loss Of Past And Future Income
As the name suggests, victims are entitled to compensation if the injury has forced them to stop working, hampered their earning capability, or prevented them from availing better job opportunities. Plus, you can claim the loss of superannuation (percentage of salary contributed by the employer towards the retirement fund) benefits.
3. Medical And Rehabilitation Costs
Medical and rehabilitation costs are among the most obvious injury compensation claims. Any expenses related to treatment, rehabilitation, pharmaceuticals, medical or ergonomic aids, and infrastructural modifications (home and car) resulting from the injury can be claimed. Not only that, but you can also claim other reasonable expenses or any future instances of the above-mentioned costs.
4. Gratuitous/Paid Care Assistance
In case the injury has impaired the ability of the victim to carry out normal everyday tasks otherwise performed by the individual before the injury, then he/she is entitled to claim. Apart from that, if you have to avail domestic care and services due to the injury, it’s considered paid care.
However, if a friend or family volunteers to do it without any payment terms, then you qualify for gratuitous care. Additionally, you can claim the extra amount required to increase the existing care after the injury.
All monetary losses related to an injury are subject to interest from the date of the injury to the date when they are claimed.
Hopefully, we’ve covered everything you need to know about personal injury compensation. But there are a lot of technicalities, limitations, and time frames involved in filing a claim. Thus, it’s best to have a professional legal service by your side.