Personal Injury is physical injury or mental anguish to a person caused by the negligence or positive actions of another party.
Personal Injury can arise from road traffic accidents, medical malpractice, occupational disease and other work-related incidents, tripping incidents, accidents in the home, assaults, product defect incidents and accidents in the home.
If the injured party or claimant can prove either a positive action or negligence on the part of another party they may be entitled to compensation from that other party.
Any Personal Injury claim made to a court must be brought within three years of date of the incident/accident; otherwise the claimant loses the right to make a claim.
However, claimants who were under the age of 18 at the time of the incident/accident, have until the day before their 21st birthday to make a claim.
A court does have the discretion to waive or extend the limitation period.
Another exception is where the injury caused is not discovered for some time.
In those cases the three year limitation begins when the claimant discovers that they have a possible claim.
The amount of compensation that is awarded to a claimant depends upon the severity of the injury caused.
Claimants can also be awarded compensation for loss of amenity that is compensation for not being able to take part in all of the activities previously enjoyed.
Similarly if a claimant is unable to do work previously enjoyed they can be compensated for a loss of congenial employment.Learn more