Compensation is the generic term used to describe monetary sums which are awarded to a person who has been injured in circumstances that would entitle them to recover payment of such monies.
Compensation can be paid to a person injured either in a motor vehicle accident, at work or on public or private property. The purpose of compensation is to compensate the injured person. Traditionally, under the general common law, compensation or damages were awarded to an injured person to put them in the position they would have been in, as far as possible, had they not been injured. Obviously it is not open to the courts to wave a magic wand and put the injured person back in the position they would have been had they not been injured. Only monetary compensation is available to a court to be awarded to an injured person to assist.
Motor Accident Claims
The payment of compensation to an injured motorist, passenger or pedestrian is determined under the provisions of the Motor Accidents Compensation Act 1999. The legislation provides a statutory scheme for the awarding of compensation. It encompasses the principles enunciated under the common law with significant statutory modification. That is, there are restrictions on the level of compensation that can be claimed.
Compensation can be awarded for the pain and suffering of a motor accident victim if it is established that the injuries have resulted in a whole person impairment of more than 10%. Only those persons who suffer significant if not horrendous injuries are ever likely to exceed this threshold. Compensation or damages can also be awarded for past and future medical treatment expenses, past and future wage loss or economic loss and in some circumstances, the value of gratuitous or commercial care that has and/or will be required by an injured person.
Brydens Lawyers are the experts in the prosecution of personal injury claims on behalf of injured motorists, passengers or pedestrians. To ascertain whether you have any rights to compensation available contact Brydens Lawyers today.
A person injured at work has, prima facie, rights to compensation under the Workers Compensation Act 1987.
Compensation is paid by way of weekly benefits for periods of absence from work. Subject to statutory restriction benefits are paid for periods of absence from work at the rate of your normal weekly earnings. There is however a restriction on how long these benefits are paid and to what extent they are paid.
Compensation is also paid to reimburse or provide for reasonable medical treatment expenses.
There is also compensation available on a lump sum basis for the degree of impairment which results from an injury sustained by a worker as long as the level of impairment is at least 11% whole person impairment.
Public Liability Claims
The Civil Liability Act 2002 provides the statutory scheme being a modification of the common law which governs the prosecution of personal injury claims for injuries which occur primarily on public or private property.
Once negligence has been established on the part of the party responsible for the accident the injured person is entitled to recover damages or compensation under a number of different headings.
Compensation for pain and suffering is paid if the injury suffered equates to at least 15% of an extreme case whereby an extreme case would include paraplegia, quadriplegia or a serious brain injury, for example. If the injury does not achieve the 15% of an extreme case threshold then compensation under this heading is not awarded.
Compensation is also payable for past and future treatment expenses, past and future wage loss or economic loss and in some circumstances the value of gratuitous and/or commercial care that has or may be required by reason of the injuries sustained.
Brydens Lawyers are the experts in the prosecution of all personal injury claims. To ascertain whether you have a claim available for compensation for any injury suffered contact Brydens Lawyers today.
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