Injury Claims Q & A (Part 1)
Injury Claims Q&A Q. How much compensation will I be entitled to? A. This will depend on a number of factors, there is usually no set payments for injury. Costs will be determined either in negotiation with the defendant or their insurer or failing that, a court. Costs to be considered can be many including medical costs, therapy and rehabilitation costs, lost income due to the injury and consequent inability to work, compensation for pain and suffering, permanent disabilities or disfigurements, loss of social, educational or training opportunities, damage to property and child care. It will also depend on where liability lies, it could be 100% with the defendant (the persons you are claiming against) or that they are partially liable, e.g. 75% with the defendant and 25% with the claimant (you). Some companies or their loss adjusters may use a damages formula to estimate your compensation or use it as a figure to begin negotiation. Typically this might be to add up your 'special damages' (medical bills) and multiply that by a factor say 1.5-3 or more, depending on the severity of the injury and then add on loss of income. If you are dealing with a loss adjuster remember that they will likely expect you to negotiate with them so don't be afraid to push for a better offer. Remember the job of the loss adjuster is to reduce the cost of settlement to his client (the defendant, hospital or doctor) by as much as possible. |
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Q. What is 'Tort'? A. Injury claims are usually made under a body of law known as Tort. Tort laws vary between jurisdictions and countries but generally this is civil law, rather than criminal law and applies when an injury has been made against a person, rather than the state. There are a number of categories of torts, the most dominant being negligence tort. A medical negligence case could come under negligence tort law and the defendant would have to establish duty of care owed to the defendant (claimant / patient) by the plaintiff (hospital / medical practitioner), breach of that duty, that the breach of duty caused an injury and that the injury caused actual damage. |
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