Insuring compensation for personal injury

A personal injury falls under the scope of Tort Law. Personal injury laws allow an injured person to file a civil suit in court to get a legal remedy in the form of damages for all the losses that were faced by the injured due to an accident or any other injury-causing incident. The personal injury system's object is to allow the injured person to be compensated financially or ‘made whole’ after he or she has suffered losses or harm to his or her body, mind, and emotions because of someone's negligent behaviour.

In simple words, personal injury cases are brought about by physical injury or mental anguish caused by another party's actions or negligent behaviour. As an element of civil law, personal injury cases include motor vehicle accidents, workplace accidents, product defects, slip and fall accidents, defamation of character, wrongful death, or other situations wherein the injuries prove fatal.

Now, one must remember that the term ‘personal injury’ also incorporates negligence in medical and dental procedures. For example, when a medical or dental practitioner fails to exercise reasonable care in treating a patient, he commits medical negligence or medical malpractice, for which he or she can be prosecuted.

The parties in a personal injury lawsuit include the injured plaintiff and the defendant whose negligence caused an injury or loss to the victim and whom the case is brought against. However, it must be noted that in cases of accidents that result in the death of the victim, the plaintiff is the representative of the deceased’s estate.

A personal injury claim begins when the injured person, i.e. the plaintiff, sues another business or person who was negligent in his or her behaviour and seeks compensation for the injuries sustained in the form of ‘damages’. Here, it is pertinent to note that one must be sure about the validity of its personal injury case and contact a legal professional.

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As mentioned before, a person or business is legally responsible and liable to pay compensation if it has caused any accidental personal injury or damages. To establish responsibility, the Court looks for negligence and carelessness on the parties involved in the case. Upon careful perusal of the facts, the court determines the more negligent party and grants damages accordingly. Further, the damages that can be claimed can be divided into the following two categories:

1. Special Damages –

Special damages are easily measurable damages. For example, medical expenses, loss of earnings, and other related expenses are all considered special damages.

2. General Damages –

On the other hand, general damages are more intricate to quantify and encompass the following heads of damages –

1. Pain and suffering
2. The loss of amenities of life
3. The loss of enjoyment of life

Further, one must remember that personal injury claim compensation is awarded based on the degree of injury caused. A personal injury claim can be explained as financial compensation given to a person who has suffered injury or harm due to another individual's negligent or wrongful actions. The injured person is liable to receive compensation.

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However, the amount granted as compensation is influenced by several factors, as each case is different with varied facts. The following factors determine the value of an injury claim:

1. Medical bills

The plaintiff can seek compensation for his or her past and future medical treatment. Such medical care can include adaptive medical devices, pain management therapies, physical therapy, and transportation to the doctor or hospital.

2. Income that is lost

The plaintiff is compensated for the wages that they were unable to earn because of the injury. If the injury forces the plaintiff to discontinue his or her job, they must be compensated for those particular days that were missed.

3. Pain, suffering, and emotional distress

To estimate the pain and suffering damages, insurance companies use ‘pain multipliers’ wherein they multiply the injured person’s actual economic loss by a designated number. Further, if the plaintiff suffers from emotional distress that causes insomnia, depression, anxiety, or post-traumatic stress disorder, they are liable to compensate for such mental injuries.

Here, it is pertinent to note that one must hold a proper and valid insurance policy to ensure compensation for personal injury cases. Insurance companies work in the best interest of both the client and the company. Hence, a valid personal injury claim can result in the best outcome when every detail regarding material case facts is addressed in court.

As a personal injury insurance policy provides complete financial protection to the insured members against uncertain personal injuries such as accidental death, accidental bodily injuries, and partial/total disabilities, permanent as well as temporary disabilities resulting from an accident, it is always best to opt for a proper insurance policy.

Now, one must understand that any accident does not come knocking at the door, and it can happen anytime, anywhere. Such accidents can result in minor to serious injuries that may, in turn, lead to a financial crisis. In such a case, a personal injury insurance policy provides financial assistance to the injured person and his or her family against accidental death, bodily injuries, and partial, permanent or temporary disabilities.

Such insurance policies also provide various other benefits such as accidental hospitalization cover, hospital confinement allowance, medical expense cover, etc. Further, various other compensations are offered for an accidental disability, such as loss of eyes, limbs, and speech. In the case of the policyholder's accidental death, the nominee gets 100% compensation from the insurer.

The coverage benefits or compensation can be availed in case of a personal injury. A personal injury insurance policy comes with the following coverage benefits:

Read more: Why To Hire Personal Injury Lawyer?

1. Accidental Death Cover

Any accident can be difficult for the dependent family members of the injured person in an emotional as well as financial manner. If the insured person has suffered fatal injuries, the entire sum assured is paid to the nominee as mentioned in the policy document.

2. Permanent and Total Disability Cover

If an accident causes total disability that leads to permanent loss of both the limbs, then a specified sum insured amount is paid to the policyholder.

3. Permanent Partial Disability Cover

If the policyholder suffers from bodily injuries that result in permanent but partial disabilities, then a certain percentage of the benefit is paid to the insured person.

4. Temporary Total Disability

If the insured person suffers from temporary but total disabilities and is bedridden due to a personal injury accident, then the insurance company will provide a weekly allowance to recompense the loss of income. The insured person can also use this claim amount to pay the EMIs if there is a loss of earnings.

Conclusively, it can be understood that to ensure compensation for a personal injury accident, one must hold a proper and valid insurance policy. This insured person can claim compensation if they suffer from any personal injury until the insurance policy does not expire. Lastly, an insurance policy must be renewed to avoid any distress in the future.

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Author: Shweta Singh