Blog

Home > Blog

Know the situations when you can claim compensation for personal injury

The effect of personal injury can be far-reaching and might impair the quality of life forever. Cases of personal injury involve the harm caused to a person or persons by the neglectful behavior of other individuals. Such cases are quite unfortunate when a person has to suffer from pain and trauma due to the wrong was done by others.

The incapacity caused by personal injury

In cases when the negligence of others hurts an individual, then it falls under the category of personal injury for the individual who has got injured. The injury can cause temporary wounds or might leave permanent scars in the form of a disability. The different kinds of injuries which might result from personal injury are discussed below:

  • Cerebral injury:

Cerebrum refers to the brain. The impact of a fall or hit that causes hemorrhage in the brain is termed a form of cerebral injury. The brain is protected by a tough set of bones which is known as the skull. The presence of the skull helps in protecting the brain but in many cases where the severe impact is caused the injury can penetrate the skull and damage the brain. Skull injuries are also quite severe; the breaking of bones might take a lot of time to heal and can also cause facial deformity. However, if the internal part which involves the brain is injured, then the implications of the injury become manifold. The injury to the brain and its effect on the whole body depends on the region of the brain which has been affected by accident. Injuries that affect the brain can make a person lose control of physical actions, impairment of senses is also observed. In some unfortunate cases, the brain injury can also lead to the death of the person.

  • Spinal cord injuries:

This is another important organ. It is connected with the brain and is surrounded by the vertebral column. The spinal cord is present for relaying signals given by the brain to all other parts of the body. The vertebral column that encloses the spinal cord also helps a person to stand straight. Therefore injuries that affect the spinal cord can place a person permanently in a wheelchair. Total loss of mobility is also seen in some cases. Therefore spinal cord injuries are also quite severe and might lead to life-altering situations.

  • Skeletal injuries:

When a specific bone or multiple bones get broken in an accident, then the injury that has affected the skeleton of the body is taken into account. Fractures can get healed provided proper treatment and care is given, but in case of bones which are broken completely, surgery might be required to fix the problem. There is a long duration after the operation when extreme care has to be taken for preventing any dislocation. In some cases, even after the operation, normal activities might be prohibited like running and sprinting.

Therefore different kinds of injuries fall under personal injury. However, if the person who is injured is also found to be at fault, then the personal injury claim won’t be valid. For filing a personal injury claim aid can be taken from Ask 4 Sam New York City.

The individuals who can file compensation for personal injury

It is important to understand the process of making a personal injury claim. It is obvious that the person who has got injured in an accident due to the fault of others is completely entitled to claim him/her. However, in some cases the person who met with the accident might not survive the injury. In such cases when the injured person has succumbed to his/her injuries, the surviving family members can file the personal injury claim. The personal injury claim in this regard can be treated as a form of bereavement compensation that is asserted by the surviving family members of the person who has died due to a personal injury. Therefore the injured person or the nearest surviving family member can file the compensation, but in both cases, the compensation is calculated differently.

  • Compensation claim by the injured person:

When the person who has been claimed in the accident has survived and wants to get compensation for the injury that he/she has suffered then the lawyer who is appointed to present the claim takes into account the treatment cost, effect of trauma and future medical aid and treatment needed. If the person who is injured loses his/her job due to the incapacity caused by the injury, then that compensation will also be taken into account for calculating the claim amount.

  • Compensation claim by the bereaved family members:

When compensation claim is made by the surviving family member of a person who has died in a personal injury accident, then the calculation of the claim amount depends on the financial jeopardy faced by the family after the death of the person. Apart from the financial aspect, the loss suffered by the family members is also taken into account for making a claim. In case of spot death of the person the claim doesn’t involve medical costs, but if the person who was injured in the accident was undergoing treatment but later succumbed to injuries, then the medical cost of treatment is also included in the claim amount made by the bereaved family members.

In all cases of making a personal injury claim, there is the need for a lawyer who has to send the claim to the people or company responsible for the injury. If the claim that is made by the applicant through a lawyer is valid, then the claim will be fulfilled. However, in some cases the defender might not agree to pay the claim amount or doesn’t agree with the claim that has been made by the claimant. In such cases, the lawyers of the defender and the plaintiff will present the case in the court for settling the claim.

Hence, it is important to take legal aid from practiced legal professionals who are adept at handling personal injury claims.