Monday, 24 April 2017

What is Compensation Law?

Compensation may be defined as: ‘A monetary remedy that is awarded to a person who has sustained damages or an injury and it is given in order to replace the loss caused by the damage done or injury sustained.’ 

The most common injury claims are related to Workers injuring themselves at work or travelling to and from work and motor accidents. Motor Accident claims revolve around negligence and can be claims made on Green Slip Insurers or motor vehicle Comprehensive Insurers. 

However, it may also be for compensation when your land is compulsorily acquired by the Government. It maybe that compensation is awarded when there is a breach of contract and someone suffers loss. 

Compensation for damages or loss originally devolved from the Common Law but in a lot of cases the Common Law has been modified by our various Parliaments over the years, such as the Workers Compensation Acts, the Motor Vehicle Accidents Act, Civil Aviation (Carriers' Liability) Act, the Civil Liability Act and many more. 

Some of these Acts only allow you to make a claim within limited times. Three years is the normal time but it can be more or less. For example, in Air Accidents claims have to be brought within 2 years of the accident. In Motor Accident claims for personal injury must be made within 6 months from the date of the accident but in claims for damage to your car, the period is 6 years. Breach of contract claims are 6 years in most cases. 

Some of the legislation that has been brought in now prevents claims being made and other legislation extends times for bring a claim. 

Complicated and confusing......well you may need to consult with one of our Solicitors to get some advice because any claims for compensation can be a minefield. 

 For further information contact us.

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