Personal Injury is that body of law that deals with the issue of liability and compensation where one is injured as a result of an accident. That accident may fall within the category of a motor vehicle accident, an accident while one is on the job, a slip and fall or any other accident tor incident where because of the Negligence of another person, injury results to a Claimant.

What is Compensation?

Compensation in respect of a personal injury claim can be looked at from the 3 categories of compensation that exists:

Special Damages :

This area of compensation takes into consideration specific losses. These would include, loss of earning, medical expenses, transportation expenses, and any other loss that can specifically proven.

General Damages :

This area of compensation takes into consideration the Pain and Suffering that a victim has experienced as a result of the accident or incident. The figure that is awarded for Pain and Suffering is a combination of the medical evidence in relation to the injury sustained and what the law says is a reasonable award for an injury of that type.

Permanent Disability:

Sometimes the injury sustained by an individual is so serious that even after extensive medical treatment, that person is unable to recover fully. The victim is therefore left with a disability.

This normally occurs in very serious accidents or incidents. A disability has serious implications for one’s lifestyle, one’s ability to earn and one’s ability to enjoy one’s social life.

The law says that a victim of an accident must be compensated for any disability suffered by him in terms of the impact of that disability on his health and on his life.

About Author:

Abi-Gaye White-Thomas B.A., LL.B (Hons)
Attorney-at-Law
Manchester, Jamaica

Tel: (876)964-4046
Whatsapp: (876)827-8050
Email: law@balcostics.com