Someone that has suffered a personal injury longs to get back to the condition that existed before he or she got hurt. The ability to file a personal injury claim provides such an individual with a route towards that specific goal.
Two types of compensatory damages
Special: medical expenses; lost earnings, now and in the future; damaged property; each of those has a monetary value that can be calculated.
General: Non-monetary damage, such as pain and suffering, also mental anguish.
Regardless of the type of damage that the victim of an accident has suffered, he or she must prove the cost of the same accident, in order to win any compensation.
Why compensation sought by victim might not be granted?
The personal injury lawyer in Dublin knows that the victim failed to file a claim before the deadline, as stated in the statute of limitations. Other party has claimed that one or more of the victim’s actions could qualify as contributory negligence. In that case, the victim could get a reduced compensation.
The defendant’s insurance company has found that the victim did not seek medical attention as soon as possible. The insurance company has claimed that the delay caused the victim’s injury to get worse.
If the case proceeded to the point of a trial, and the victim was granted a compensation, there is a chance that the victim would not receive that granted compensation. Why is that true?
The defendant might not have the money that he or she has been asked to pay the victim.
The defendant might not agree with the court’s decision and thus fail to pay the compensation. A defendant’s decision to resist the request for a payment cannot be reversed by a court’s decision.
There might be a low limit on the defendant’s liability insurance. If that was the case, the injured party might get some of the granted compensation, but not all of it. However, if the victim/injured party has purchased supplemental accident insurance, then there is a greater chance that the granted compensation will be received by that same victim.
It could be that the party that filed the personal injury claim then presented the court with an unreasonable request. The court wants to discourage efforts by a plaintiff/victim to seek an award that it considers to be unreasonable.
Courts cannot keep plaintiffs from standing in a courtroom in order to make such a request, but each of them does have the right to slap a punishment on the plaintiff that has taken such an action. That punishment could take the form of a denial of the initiation of a certain procedure. That would be the procedure that would otherwise work to ensure delivery to the plaintiff/victim of the granted compensation.