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If someone gets hurt or injured because of the negligence of someone else, they may be entitled to seek compensation for the injuries they have suffered. It is important to note that the injured party must be able to prove to a Court (should the case go to trial) that the injuries suffered were because of the negligence of the person/company being sued. Just because one has suffered an injury does not mean that one has a good and viable personal injuries claim.
If the Court finds that the injuries have been caused because of the party being sued, the Court will award compensation for the pain and suffering of the injured party and this award is known as general damages.
The Court will also award what are known as special damages and this will include the 'out of pocket' expenses incurred by the injured party because of being in the accident which caused the injuries. Normally, these types of expenses will include, loss of earnings, hospital bills, doctor’s bills, physio expenses, etcetera.
In contentious matters, a solicitor is prohibited from calculating his fee, or other charge/s, as a percentage or fraction/portion of any assessment, settlement or award.