PERSONAL INJURY UK
A personal injury can be:
• a physical injury, disease or illness, or
• a psychological injury or illness
A personal injury could result in death.
If you have suffered a personal injury, or if you are acting on behalf of someone who has died because of a personal injury, contact us without losing time.
Action to take
Whatever you are intending to do about your personal injury, actions you could take include:
• inform the police if, for example, the injury resulted from a road accident
• if the injury resulted from a road accident, report it to your insurance company. The insurance policy may be invalid if an accident is not reported
• report the injury to your doctor because it could become more serious. You should do this even if the injury seems minor. If you subsequently go to court to get compensation for the injury, the doctor will be asked to provide a medical report
• gather evidence about the accident and injuries. For example, it may be useful to take photographs of the scene of an accident and of what caused the injury. You should also, if possible, write an account of the incident while details are still fresh in your mind. If there are witnesses, you should make a note of their names and addresses
There are several ways of getting compensation for a personal injury:
• using a claims assessor
• taking legal action
Amount of compensation
If you have sustained a personal injury you may be able to claim two types of compensation, general damages and special damages. General damages are paid as compensation for an injury, for example, a payment for pain and suffering or loss of future earnings. The court will decide on the amount to be paid. Special damages are paid as compensation for actual financial loss caused by the accident up to the date of the hearing. These can include damage to clothing or other belongings, the costs of care, travel costs to hospital, medical expenses (including the cost of private treatment) and the cost of hiring and/or repairing a car if it has been damaged in the accident. If a court decides that you were partly to blame for the accident, it may reduce the amount of damages you receive. An example of this would be if you were not wearing a seat belt when you were involved in a traffic accident.
Taking legal action
If you are considering taking legal action, you can get in contact with us for defending your rights and claiming the best compensation for you. This must be done as soon as possible as there are strict time limits on taking legal action.
There are different time limits within which you must begin legal action in a personal injury claim. You should therefore get legal advice urgently if you wish to claim compensation.
The most common claim in a personal injury case is negligence and the time limit for this is three years. This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury. In some cases, a court may decide to extend a time limit, depending on the circumstances of the case. If you are considering taking legal action, you can get in contact with us for defending your rights and claiming the best compensation for you.
Criminal compensation orders
A person convicted of a criminal offence may be ordered by the court to pay compensation for an injury, loss or damage they have caused to someone else by committing the offence.
If you are the person who has sustained the injury or loss, you cannot apply for this yourself, so it is important that you give the prosecution full and accurate information about the injuries and losses to put before the court. The amount of compensation will depend on what the offender can afford to pay, but the maximum is £5,000. If a criminal compensation order is made, the court will be responsible for making sure the offender pays.
PERSONAL INJURY CYPRUS
Personal Injury claims in Cyprus are mostly being brought after car accidents. Medical negligence and accidents at work are not the most common type of personal injury claims in Cyprus. It is possible to make claim for medical negligence and accidents at work under the law of Cyprus. But due to lack of information, the individuals are not aware that they have right to bring claims on these grounds. Basically, under Tort Law of Cyprus, you can bring a claim for seeking compensation for all types of personal injury caused by the negligence of another party. This also applies for claims on the basis of strict liability and defective products. There are two types of damages in Cyprus; general damages which are not measurable damages for instance, bodily harm and psychological affects; and special damages for instance, financial expenses, medical costs and loss of earnings due to accident.
a) General Damages: These are not measurable damages such as bodily harm, emotional and psychological trauma, pain and suffering and loss of amenity.
b) Special Damages: These are measurable damages such as loss of earnings, medical expenses and any financial expenses incurred directly linked to the injury.
Road car accidents
Personal injury claims start with negotiation between the injured party and the party responsible from the injury. If the party responsible from injury is insured and this insurance policy covers the description of incident and injury; there may be a negotiation process between the lawyer of injured party and the insurance company to reach an agreement on reasonable compensation. If an agreement may not be settled between the parties, the injured party can initiate Court proceedings by the assistance of his/her lawyer. Upon the court proceedings, the judge may award a reasonable compensation. In case of the party responsible from the injury is not insured or the description of incident does not fall into the scope of insurance policy, the lawyer of injured party will be negotiating directly with the party responsible from the injury instead of insurance company and wherever it is found necessary, the Court proceedings may follow after this negotiation.
PERSONAL INJURY CLAIMS IN TURKEY
Personal injury claims in Turkey are under the definition of Compensation law. There are three legal aspects of compensatory claims arising from road traffic accidents:
1) Criminal Liability
2) Personal Liability
3) Insurance Law
1) Criminal Liability
Criminal liabilities arising from traffic accidents are being governed by 5237 numbered Article 85 and 89 of Türk Ceza Kanunu.
Article 85 – Causing death negligently
Article 89 – Injuring negligently
2) Personal Liability
Property damages are unavoidable and natural results of traffic accidents, on top of that sometimes traffic accidents result in personal injury or death.
When a party is injured as a result of traffic accident and this injury causes financial and health damages, the injured party may seek compensation arising from these damages. Turkish Code of Obligations are the governing law for these damages.
These damages include the damages on property, financial damages including the loss incurred earnings and medical expenses; these damages can be claimed as pecuniary damages.
ARTICLE 56 – The judge in case of injury of a person’s bodily integrity, keeping in mind the characteristics of the event, according to the amount of money as a spiritual damaged may decide to pay compensation.
In case of grievous bodily harm or death, the relatives of the injured or deceased can be decided on the payment of an appropriate amount of money as compensation.
Article 72 – Compensation claim is time-barred by the passage of two years from the date he learned of the damage and loss compensation obligation of the receiving and processing of ten years from the date of actual in any case. However, if born from an act punishable by a longer statute of limitations stipulated in the criminal law of compensation, this limitation is applied.
3) Insurance Law
Mostly if the injured party or the party responsible for injury are insured, property damages are covered by the insurance companies. In Turkey, there are two common practices of insurance; mandatory and optional insurance policies. Casco insurance is an optional form of insurance which covers road traffic accidents and personal injuries. Traffic Insurance is the mandatory form of insurance; this also covers personal injuries however, this policy does not cover any non-pecuniary damages.
PERSONAL INJURY CLAIMS IN THE NETHERLANDS
Personal injury is governed by the law of damages in the Netherlands. The law of damages have two core principles of full compensation or restitution; which means recovering the damages and bringing the claimant to the position that how the defendant was before the accident.
The law of damages are mainly applied in accordance to Dutch Civil Code and personal injury cases. The law of obligations has been codified in the Articles of 6:95-6:141 of the Dutch Civil Code. These provisions include the definition of losses, damages, assessment of the damages. But, these provisions are being interpreted at the courts, thus, the provisions do not directly apply in the eyes of law as word-by-word.
Liability rules have been imposed part of the Dutch Civil Code and other Codes. Under the liability rules as part of Article 6:109 BW, the injured party has the right to claim the full compensation but the full compensation is dependent upon the circumstances of accident or negligent act and the court may diminish the amount of full compensation where it may be found unfair or necessary to do so. In addition, according to Article 6:110, maximum liability states that the amount should not exceed what can be covered by insurance. All damages resulting for a breach of tort or accident can be recovered under the law of liabilities. Non-pecuniary damages are limited to an extent in the Dutch law. This limitation is dependent upon factual circumstances and these assessments have been also explicitly stated under Article 6:106 BW. “‘1. The victim has the right to an equitably determined reparation of harm other than patrimonial damage: a. if the person liable had the intention to inflict such a harm; b. if the victim has suffered physical injury, injury to honor or reputation or if his person has been otherwise afflicted; c. if the harm consist of injury to the memory of a deceased person inflicted upon the non-separated spouse, upon the registered partner or upon a blood relative up to the second degree, provided that the injury took place in a fashion which would have given the deceased, had he still been alive, the right to reparation of injury to honor or reputation. 2. The right to reparation referred to in the preceding paragraph cannot be transferred or seized, unless agreed upon by contract or unless an action for such reparation has been instituted. For transfer by general title it is sufficient that the title-holder has notified the other party that he claims reparation.’