Injury ClaimsAn Overview

By: Anastasia Phocas

Injury claims can be filed by any person who suffers an injury due an accident. Unless the claimants are totally at fault for the injury suffered, they are entitled to compensation for any loss, suffering or pain.

Injury claims are made by anybody who has suffered a personal or property injury after ascertaining whether the injury was caused due to a negligence or fault of somebody. Injury claims do not necessarily mean a physical injury but can also include non-physical harms and losses. An injury claim can also be filed if the reputation of a person is attacked or privacy is invaded.

Injury claims can be made from various types of injuries, that could be as a passenger, pedestrian, driver, work spot accidents, trip, slip, falls or at leisure facilities, all of which were sustained within the previous three years. Most personal injury claims do not go to trial. They are mostly settled out of court by the insurance company of the person(s) who is at fault.

Injury claims are classified into services, solatium and past and future wage loss during the assessment of the claim.

Suffering and pain are taken into consideration when solatium is calculated. It normally covers compensation for loss of non-financial issues made by the claimant. The extent of the injury is the first factor taken into account when deciding upon a solatium. It also includes suffering and pain already experienced, anticipated future suffering and pain, loss of enjoyment of life and sports and pastimes that could no longer be participated in or enjoyed.

Assessment of lost past wage can be calculated easily. Absence from work due to the injuries will reflect the details of wages earned had they attended their duty in the normal course of time.

Actuarial tables normally provide help in calculating and assessing loss of wages in the future. First, the earnings per year to date are obtained and a future loss of earning is multiplied by a figure extracted from the Actuarial table.

Injury claims include services which reflect any assistance given to the claimant by the relatives when such assistance is needed. Besides this, whatever services provided by the claimant to others in the past and which can not be given now due to the injury are also included.

Medical negligence in injury claims is proven by independent experts based upon their assessment of the given situation. A causation report proves a link between negligence in question and the sufferings from subsequent injuries.

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