Nature of Injury
The House of Lords and the Court of Appeal have determined that certain conditions do not fall within the definition of personal injury and as a consequence do not give rise to compensation within England and Wales, even when that the condition arose through the negligence of a third party. The development of asbestos related pleural plaques and sensitisation to platinum salts are examples where the Courts have indicated that there was no personal injury within the definition of the law.
Where a physical injury has occurred giving rise to pain and suffering it may also be possible to recover compensation for any associated psychological symptoms such as anxiety. It is also possible to pursue a compensation claim for certain psychological conditions where no physical injury has occurred at all, although strict criteria apply. In certain restricted circumstances it may even be possible for individuals to claim compensation for psychological injury when they were not directly involved in an accident.
Personal injury compensation will only be recoverable for symptoms actually caused by the Negligent Act. This is not always easy to determine. Disputes may arise because of the impact of pre-existing medical conditions or because there may have been more than one potential cause for a particular condition. Expert medical evidence will often be required in order to establish the exact nature of the injury and in particular whether persisting symptoms can be directly related to the actions of the negligent party.
At Sintons we have a wealth of experience in pursuing all types of personal injury claims. All claims for personal injury compensation are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.