What are you Entitled to Claim in a Personal Injury Action?
Personal injury claims compensate individuals who have suffered harm due to someone else’s negligence or wrongful actions. Understanding what you can and cannot claim in such cases is crucial. As a claimant in a personal injury case, you have the right to seek compensation for the injuries sustained as a result of another party’s negligence. The amount of personal injury compensation you can receive is calculated by adding together two types of compensation, called: general damages and special damages.
General Damages
General damages are awarded to compensate you for the pain, suffering, and loss of amenity associated with your injuries. The amount you are entitled to is based on the type of injuries you sustained and how serious the injuries are. Loss of amenity means the inability to complete activities, either temporarily or permanently, which an injured person could do prior to getting hurt. Examples of loss of amenity include being unable to participate in hobbies as you were able to before your injury.
Typically, general damages include:
- Physical Pain and suffering;
- Physical injury or impairment;
- Mental health conditions caused as a result of your injury; and
- Reduced quality of life;
Expert medical evidence is the most important thing to consider when deciding what is a fair sum of money to reflect the pain and suffering caused. If compensation is also being claimed for psychiatric injury, expert psychiatric or psychological reports will also be required. Your attorneys can assist in getting you assessed by properly qualified experts.
It can be challenging to ascertain the value of the general damages to be awarded to a claimant. In the absence of any local guidelines in the Cayman Islands, the Judicial College Guidelines (JCG) is relied on. Presently, attorneys, the court and insurers utilize the 16th edition of the JCG. A new edition is due to be published soon which is expected to reflect the rise in inflation since the last edition was published.
When determining the injury bracket and monetary range that each injury falls into, attorneys, judges and insurance companies consider the severity of the injuries, the effect of the injuries on the claimant to this point and how the injuries may affect the claimant in the future. The bracket and range that a claimant’s injuries fall into is commonly contested by insurers. This is why it is so important to seek legal advice prior to entering into any settlements.
Special Damages
Special damages are compensation to cover the specific financial losses and out-of-pocket expenses. Special damages aim to put claimants back into the financial position they would have been in had the accident not occurred.
The purpose of special damages is to compensate you for those additional costs caused or reasonably expected to occur as a direct result of the accident.
The usual types of loss for special damages include:
- Loss of earnings including the lost wages due to the inability to work during recovery;
- Medical expenses incurred (hospital bills, rehabilitation costs, and medication expenses);
- Damaged items;
- Transportation and travel costs;
- Care costs if you are unable to look after yourself;
- Cost of modifications to your home or car to meet your needs; and
- Repair and replacement costs including car or bike repair after a road traffic accident.
The purpose is to restore you to the position you had been in had the accident not happened. The burden is on the injured party to show what out-of-pocket expenses they have incurred. It is recommended that you keep a record of all invoices and receipts for out-of-pocket expenses to prove any expenses that you otherwise would not have, had it not been for the injuries suffered.
Seeking Legal Guidance
Navigating the terrain of personal injury claims requires a clear understanding of what you can and cannot claim. Seeking guidance from experienced legal professionals can help ensure that your rights are protected and that you receive fair compensation for the harm you have endured.
If you have suffered an injury due to another person’s negligence or wrongful act contact Recover Personal Injury Attorneys at (345) 924-9999 for a free consultation today.
