Definition: By definition other injuries refers to injuries such as scars, fractures, fatigue, whiplash, sprain, strain, ligament tear etc. Thus it is a part of the personal injuries law. Other injuries are less severe in intensity and after affects and hence are controlled by a separate law.
Claims for other injuries: Definitely one can claim for damages if the injury resulted partly due to another person’s fault. The claims will have to be won with proof and need to be made within 9 months from the occurrence of the injury. It can be extended up to 3 years in exception cases but no longer than that. In claiming for compensation it is important to hire a legal expert as most of the defendants will pay through a public liability insurer. These insurers are excellent litigators and very experienced in their field. So, though you have the legal right to present the case without a lawyer, it makes sense to hire one so as to maximize chances of winning the case.
The court would break up your claim into one of the following categories, after which the compensation would be decided.
1. Pain and suffering
2. Initial out-of-pocket medical expenses
3. Loss of income
4. Future loss of income
5. Future medical costs and rehabilitation
6. Other future expenses
1. The first step is to file a claim form on the persons at fault. This will be handed over to their insurer who will respond to the claim.
2. The insurer investigates into the claim and within the allotted 6 months comes up with an admission or denial to the claim.
3. Within this period if the injuries persist then it needs to be probed further to assess the consequences of these injuries in the long run.
4. Both the parties will participate in negotiations for a settlement and reach an agreement.
If the injuries are short lived then the plaintiff’s claims will be settled faster. However, if they are persistent then the claim settlement