Personal injury compensation claim means to file a legal case for compensation when you have been hurt physically, mentally, and financially through accidents or by someone else’s fault. This is usually claimed by the insurance company or the other party who has been involved in the incident. The process is quite daunting and requires the assistance of verified, and experienced lawyers.
Types of Personal Injury Compensation Claim
The compensation claim for personal injuries can be of different kinds, considering the type and seriousness of the injury. The compensation claim amount also varies according to the type of personal injury compensation claim.
This type of damage usually links to the general pain and suffering of the victims. Accidents may wound different parts of someone’s body. Compensation claim varies according to that as well.
Compensation for head injuries
Head injury is one of the most concerning personal injuries as it puts the brain at risk. No damage to a minor injury on the head may entitle the victim to claim compensation of a couple of thousands of dollars. On the other hand, a victim can claim reimbursement of tens of thousands of dollars in situations of severe head injury.
Compensation for psychological injuries
As this also relates to injury to the brain, the amount claimed can be quite high depending on the severity. Temporary to a catastrophic mental injury can cause personal injury compensation claim to be a couple of thousands of dollars.
Compensation for upper-body injuries
The upper body basically includes the shoulders and neck. Severe injuries in those areas can entitle victims to claim compensation of about tens of thousands of dollars.
Compensation for a back injury
Back injuries can be very harsh as they can cause permanent damage to the spine and result in lifetime paralysis. So compensation claim is also high usually in such cases. For situations like this, a compensation claim can rise up to 50,000 CAD.
Compensation for limbs and lower body injuries
Arms, hands or wrists, and the lower body, starting from the hip till the toes can cause serious damage from accidents. These areas are very vulnerable and take a lot of time to recover. So, the compensation claim can again jump up to around 50,000 CAD.
Loss of income
The national law aids a victim who suffers such severe damage that he/she may not be able to go back to the previous or may even not work in his/her remaining lifetime. Personal injury compensation claim covers this area as well by compensating a huge chunk of money to lead the rest of the life as nice as possible.
If you have been involved in a terrible accident and require extra care for your recovery, you can claim service compensation. This compensation, at times, is provided to family members who take extra care for your recovery.
Loss of society
This type of compensation is claimed when someone loses his/her spouse, children, or parent. The benefit is usually given to family members, and the amount is quite low.
‘Out of the pocket’ expenses
A victim can also claim personal injury compensation for costs that occur during the whole legal process and court hearings. This claim includes transportation costs, and living costs and any other situational costs that occurred during or after the accident.
Personal Injury Compensation Claim Process
To claim personal injury compensation, a victim should follow these 5 steps more or less:
1. Getting a personal injury lawyer
The first step is to hire a lawyer who can take you through the whole legal process. The installation fee is free, and some lawyers even provide a free consultation.
2. Deciding on responsibilities
The lawyers will then determine who is at fault and file a case accordingly. This step includes investigation and thorough checkup of the personal injuries and deciding on a final amount for the compensation claim.
3. Understanding the needs of professionals
Lawyers then consult medical and insurance claim professionals who are experienced. All the parties from the victim’s side sit and discuss the overall process and file a legal case with all the details.
In situations of serious injury, you can relax at your home or in hospital rooms and focus on your recovery while the lawyers claim interim or advanced compensations form the opposite party. This small amount is shown as necessary for your current recovery.
5. Final settlement of compensation
At times, the opposite party may agree to settle the compensation claim outside court as legal procedures are very lengthy and tiring. In situations like this, you get your compensation and move on with your life with the money.
However, when things are not settled quickly, they move to court and your lawyers can file a strong legal case against the opposition party. Different court hearings take place and a final settlement results from negotiation.
Time Limit of Personal Injury Compensation Claim
In most legal systems, the standard time limit to claim compensation is 3 years from the time of the accident. This time limit may also start from the date you became aware of your injury, or from the date you found out about the cause of your injury or your loved one’s death.
There are also exceptions. Any injury that occurred before your child turned 18 makes you eligible to file compensation anytime within the child turns 21. Already mentally disabled people do not have any time limit. In terms of defective products, the personal injury compensation claim must be within the 10 years of the product going out of the market.
Calculating the Personal Injury Compensation Claim
A personal injury compensation claim is calculated following the severity of the injury, as mentioned already. Depending on the accident and seriousness of damage on your body, a lawyer calculates and decides the compensation claim.
For instance, a minor tissue or muscle damage will not entitle as high amount of compensation claim as a damage in your brain. The solicitor also takes your mental and emotional health from the accident into account while calculation the personal injury compensation claim.
A personal injury compensation claim is essential as it can affect a person’s remaining life who has been involved in the accident. Judging by all the processes and types of compensation claims, it is vital that you, as a victim, are prepared and mentally strong for the overall process. The amount of money recovered may not be the solution to your injuries but can surely help you in leading a better life.