What can I claim? - Occupiers, Public Liability and other Compensation Claims
Under the Wrongs Act compensation is only payable if your injury was caused by the negligence of the proposed Defendant. Furthermore, aside from some limited exceptions, a person cannot get compensation for pain and suffering unless the injury results in a permanent physical impairment of greater than 5% or a primary psychiatric impairment of greater than 10%.
Impairment is measured using the American Medical Association Guides to the Evaluation of Permanent Impairment (4th Edition). In assessing impairment the Guides require an evaluation as to the permanency of the injury and consideration of defined medical criteria.
In simple terms this means that if the alleged negligence has not caused a permanent injury at the required level then compensation is not recoverable for pain and suffering, even if the Defendant was negligent.
Regardless of the level of impairment, compensation can still be claimed for loss of earning capacity and past or future medical expenses arising from injury caused by negligence.
For advice contact Galbally & O’Bryan.