Personal Injury Claim Period

Summary

In England, the three-year limitation period for personal injury claims usually begins on the accident date unless the injurys cause was unknown. If the claimant was aware of the injury and its cause, the period starts from the accident date. Claimants can seek compensation for gratuitous care provided by relatives and loss of earnings, calculated using exact periods. Consulting a personal injury solicitor is recommended for accurate guidance and calculations.

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Client fell at work from a ladder. Prior to this she let her manager know the ladder look unsafe but was ignored and was not properly trained plus was encouraged to use unsafe practices. few days later at the hospital, her supervisor visited her and confirmed that the locking bars on ladder were faulty. So does the limitation begin from date of accident or the hospital visit?
In personal injury cases in England, the three-year limitation period generally starts from the date of the accident. However, if the injury or its cause wasn't known at the time, it can start from the "date of knowledge," when you first became aware of the injury or its cause. In your client's case, if the faulty ladder was confirmed only during the hospital visit and this was the first time she became aware of this specific cause, the limitation period might begin from that date. It's advisable to consult a legal professional for personalized guidance.
but she knew her fall from ladder that she was badly injured and already was ware of the faulty lock. her supervisor just confirmed it at the hospital but she had this knowledge prior to the accident
In this case, since she was already aware of the injury and the faulty lock before the accident, the three-year limitation period would likely begin from the date of the accident. It's important to consult a legal professional to assess the specifics of the situation and ensure the claim is filed within the appropriate timeframe.
in personal injury, can a claimant claim for their mother who took care of them for * hours a day for 6 months than * hours a day for * weeks
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In England, claimants in personal injury cases can potentially claim for care provided by relatives, such as a mother, under "gratuitous care" claims. The claimant would need to demonstrate the necessity and reasonableness of the care. Consulting with a personal injury solicitor would be beneficial.
if it was * and 2 days, do you calculate the days or round it to * weeks
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In personal injury claims for "gratuitous care," it's typically calculated in whole weeks. If the care extended for * weeks and 2 days, it's commonly rounded to the nearest week, making it * weeks. However, it's best to confirm this with a personal injury solicitor to ensure accurate calculation.
what about for loss of earning
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In England, when claiming for loss of earnings in a personal injury case, the claimant can seek compensation for the income lost during the recovery period. This includes:
- Actual earnings lost from the date of the injury.
- Future loss of earnings if the injury impacts future work ability.
- Bonuses or overtime missed.
It's advisable to keep accurate records and seek advice from a personal injury solicitor for precise calculations.
do you round the week for this calculation too?
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When calculating loss of earnings in England for a personal injury claim, it's common to use exact periods rather than rounding. Each day of lost earnings should be accounted for to ensure accurate compensation. However, it's best to consult a personal injury solicitor for precise calculations.
so how would you calculate loss of earning for * plus 2 days?
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In England, when calculating loss of earnings for * weeks and 2 days due to personal injury:
- Calculate the exact daily earnings lost for the 2 days.
- Multiply weekly earnings by * for the weeks.
- Sum both amounts for total loss.
Consult a personal injury solicitor for precise calculations.