A victim of personal injury who claims compensation will find that the way their case is handled varies depending upon the type of injury and the circumstances under which it took place. Before the injured party claims compensation, it is important to know who will pick up the tab.
Road traffic accident
Personal injury victims of injuries on the roads, if claiming because the accident was not their fault, will seek their compensation from the insurance company of the party who takes the blame. The “third party” element of the motor insurance policy is the part that covers this aspect of the insurance.
Accident at work
The award to a worker who claims compensation from his employer for an accident at work that was not his fault, will be paid from the Employers Liability Insurance, which all employers are required to have, by law.
Slip, trip or fall
A person who suffers an accident in a public place or a public building who claims compensation because of being injured and it was not their fault, is covered by the organisation’s Public Liability insurance.
Payments to victims of crime
Crime victims who have suffered personal injury and other losses may be able to seek compensation from the courts. In some cases, the judge will order the convicted party to pay a sum of compensation to the victim. In practice, it can be very hard to achieve anything meaningful, if the offending party doesn’t have the resources to pay or does not cooperate. The Criminal Injuries Compensation Board handles cases of victims of serious physical assault or injury.
Legal fees and costs
As a rule, the legal fees and costs of the winner are generally paid by the losing side. The winning legal team is able to claim a success fee in addition to the legal fees. Traditionally the losing side’s insurance met the success fee payment, but in April 2013, the law changes and winning litigants will have to meet a percentage of the success fee out of their award. It pays to ask for a breakdown of charges before starting a claim.
Date Published: March 12, 2013
Author: David Brown