Personal injury claims provide the victims of different accident, a chance to sue the responsible party for their pains and losses. Through this medium, the injured party gets an opportunity to be compensated for that specific injury, it has suffered. As the time has elapsed, these legislative reforms have become friendlier to help the needy ones. Through personal injury claims, the victims can ask the guilty parties to pay for their damages. These damages are mainly of two kinds; pecuniary and non pecuniary.
Pecuniary damages are those damages which are related to the finance or property. There are different types of accidents which contribute towards the pecuniary damages. Road accidents are a common example of it. A car or a motorbike accident can involve a high damage to the vehicle. In that case, the property of the victims gets damaged by the neglect or rashness of the other party. And hence, the claimant can ask for the repairing expenses related to this damage in form of compensation from the guilty party.
Other thing that comes under the banner of pecuniary damage is the lost income or lost wages. This can happen if the claimant has gone through severe physical injuries and on that basis he is not able to carry on his work and thus it results in form of lost salary. This financial loss is to be compensated by the responsible party.
Pecuniary damages also involve the expense related to the hospitalization. While determining the amount of compensation, this factor is also to be kept in mind. The victim’s expense on hospitalization and the related medical treatment is also to be included in this kind of damage and it is supposed to be compensated as well. It also includes future medical expenses as well that are likely to happen as an aftereffect of the accident.
The other type is the non pecuniary damage. It relates to the suffering and pain which comes out as a result of the injury being experienced by the victim due to the fault of another person. This can be due to the physical injury and the psychological and the mental injury or trauma is also a part of it. Most of the accidents usually happen in the physical injuries being experienced. These are supposed to be of any types ranging from fractures to brain injuries, from bleedings to bruises.
The intensity and severity of these injuries is very much entitled to compensation. Medical examination reports counts a lot in this regard. It is done so to establish the credibility of the victim’s claim regarding meeting with an injury and also for determining the nature and the intensity of the pain and suffering related to that specific injury.
So, those injured parties who experience any of these damages can claim compensation for it but they have to prove their cases in this regard.
The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.