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Personal Injury Damages for Personal Injury These are made up of various aspects. General Damages for pain, suffering and loss of amenity This is the amount to compensate the injury itself and also any inability, for example to carry on a particular sporting or leisure activity. Each case is assessed on its merits, essentially depending on the severity of the injury and the age of the injured person. Whilst some awards are substantial, such sums are not always the most significant part of the overall claim for damages. Loss of Earnings In cases of serious injury awards in respect of loss of earnings both in the past and as to the future are highly significant. Our firm is fully aware of the potential for financial hardship and interim payments are sought where appropriate. Other significant elements of loss include:
As an alternative to a lump sum award, structured settlement might be considered. In the simplest of terms this involves the purchase of a yearly income (an annuity) by utilising, normally a substantial part of the lump sum awarded. These are most appropriate for injuries of maximum severity although can be considered in more modest awards. Road Traffic Accidentstop Because of the forces involved, road accidents can often lead to the most serious injuries and sometimes, of course, even death. Whether you are a driver, a passenger, a pedestrian, or some other road user, (eg a cyclist or motorcyclist) it is necessary to prove that some other person was at fault in his or her driving. Damages can be reduced by a percentage figure if it is felt that the injured person also contributed to the accident or, for instance, where a passenger has not worn a seatbelt or where a motorcyclist has not worn a crash helmet. We have expertise in advising on such concepts of fault and in dealing with vehicle insurers and their various arguments. In addition we have experience of acting in cases where the other person is uninsured for whatever reason. Workplace Related Claimstop When an accident does occur at work it is not necessary to prove fault on the part of the employer. Whilst the employer owes the employee various duties, essentially the employers have a duty to take reasonable care for the employee's safety and well-being. There are various risks at work, sometimes to do with the workplace itself, its machinery and equipment, manual handling, or the lack of or inadequacy of protective equipment. There are substances hazardous to health giving rise to asbestosis, asthma, solvent based exposure and respiratory damage. Fletcher & Lawson can assist, among other things, with claims in all of these areas, together with cases of vibration white finger, industrial deafness and work related upper limb disorders. Growing areas of enquiry relate to psychiatric as opposed to physical injuries arising from work, this within the context of stress related claims and bullying at work (which frequently inter-relate). Slipping and Tripping Claimstop Such accidents can often lead to seriously disabling injuries. As ever, fault has to be proved. It is vital to establish:
Holiday and Sporting Injuriestop More and more frequently we are acting for people injured on holiday, often abroad, in for example road accidents or as a result of defective premises or food poisoning. The team's expertise is crucial in seeking to establish whether such claims for damages can be brought within Australia as if they cannot they can frequently give rise to enormous practical problems. If such a claim has to be pursued abroad, however, we are able to put the individual client in touch, via our network of contacts with expert lawyers within the particular country where the proceedings have to be brought. It is very important in these situations to try to find independent witnesses, to take photographs and to report what happened to someone in authority. An ideal example of the inter relationship between sporting and holiday accidents involves skiing. Beyond that some sports such as football and rugby etc involve a degree of physical contact. However, it is well established law that whether on the ski slope or on the football or rugby pitch, one participant owes a duty of care to another. If one participant is negligent, at fault, and steps beyond what is regarded as generally reasonable within eg a contact sport then that person will be liable for injury sustained by another. Obviously in these situations, the availability of insurance to the liable party is of crucial importance as without this it is often not worth bringing proceedings. |
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