Personal injury claims refer to legal actions taken by an individual (the injured party or plaintiff) who has suffered physical or psychological harm as a result of someone’s or a company’s negligence, intentional malicious actions, or strict liability. Personal injury lawsuits are typically filed to seek compensation for the damages and losses sustained and can take place in different places and forms: accidents at work, accidents abroad, road traffic accidents and catastrophic injuries.
How much does personal injury compensation change based on your location?
One of the biggest concerns when it comes to personal injury claims is figuring out what are the correct guidelines to follow and most importantly, its financial value. Often, the concern about the “cost” of a person’s life, as cynical as it may seem to outsiders, is necessary for personal injury lawyers dealing with accident cases.
Depending on the country where your claim is taking place, the personal injury compensation guidelines and the value of the claim can drastically change. According to HG, for a catastrophic injury case on a construction site in Romania, they were compensated €100,000, while a similar case in the UK, was compensated around €20 million.
Research has shown that these guidelines vary across different regions/countries when it comes to accidents at work and personal injury compensation guidelines. Looking at the graph below, it becomes evident that the legal framework in each location holds substantial influence over the value of personal injury claims.
Arguably, one of the reasons for the range of results is related to the health and safety regulations and the average income. Taking Romania as an example, catastrophic injury claims are valued at a lower value compared to the UK, largely due to the country’s overall lower wages and the lack of long-term job security. Unlike other European jurisdictions, when assessing damages in Romania, a court or authority cannot award compensation exceeding the individual’s previous earnings. Unfortunately, this approach fails to account for the true magnitude of the victim’s personal suffering and the extensive impact beyond mere income reduction.
Due to the big gap in personal injury compensations across European countries, there have been debates on whether a unified compensation system should be set at the EU level or at least establishing a minimum level of compensation, in order to make it fair across Europe. It is understandable that this is very challenging to achieve as each region/country has their own legal system and procedures, in which the EU cannot interfere.
From the European Commission, they provide general legal personal injury guidelines which are often related to the timeframes of the cases and the general rights of the victim.
Personal injury compensation guidelines in Romania
Researchers have shown that in Romania, there is a higher number of catastrophic injury claims than accident claims, making it the top fourth country in Europe with most fatal work accidents. To put this information into perspective, here is an informative statistic (according to the latest Eurostat data): for every 100,000 inhabitants there are 3 that make a fatal workplace claim. This is almost double of the EU average.
Health and safety systems differ across Europe, including how effective they can be to put in place in recording, reporting and enforcement, which helps understand the discrepancy between catastrophic injuries and accidents at work.
Personal injury compensation guidelines in the UK
Personal injury compensation guidelines in the UK aim to provide a framework for assessing and awarding compensation to individuals who have suffered injuries due to the negligence or wrongful actions of others. These guidelines help ensure that victims receive fair and appropriate compensation for their physical, emotional, and financial losses. Although they are not set in stone due to the nature of the individual circumstances of each case, these guidelines are often used as a starting point for evaluating claims.
The UK uses a system called the Judicial College Guidelines (JCG) to determine the amount of compensation awarded in personal injury cases. These guidelines are regularly updated to reflect changes in societal attitudes, medical knowledge, and case law. They cover a wide range of injuries, from minor to severe, and provide a general framework for assessing the compensation levels for different categories including head and brain injuries, neck injuries, back injuries, upper and lower limb injuries, psychiatric injuries, and more.
Within each category, specific factors such as the extent of the injury, the duration of the symptoms, the impact on the victim’s daily life (catastrophic injuries claims), and the long-term prognosis are considered to determine the appropriate compensation amount.
The guidelines also take into account financial losses incurred by the victim as a result of the injury. These losses can include medical expenses, rehabilitation costs, loss of earnings (both past and future), and other related expenses. Compensation for these financial losses is generally calculated based on supporting evidence, such as medical bills, employment records, and expert opinions.
Personal injury compensation guidelines change depending on the legal system in which you find yourself in.
In Romania, personal injury claims face a challenging landscape, resembling the untamed frontier. The absence of defined limits, standards, and well-established legal precedents for compensation exacerbates the situation. This is particularly evident when it comes to compensating for accidents at work, where the loss of skills impedes one’s ability to work.
Claiming compensation is always a challenging process, no matter in what country you are filing your claim from. If you have had an accident at work, a road traffic accident, an accident abroad or even a fatal accident in your family, get in touch with a professional lawyer to help you through the process to make your claim and increase your chances of winning the case.
Personal injury lawyers, like Remus Robu can support and give the best legal advice in regards to your claim.
Our team of specialist Romanian personal injury solicitors are all fluent in Romanian and have vast experience in handling cases for Romanian clients. If you are looking for a Romanian lawyer in London to help you claim for an injury that wasn’t your fault, get in touch with our team of personal injury solicitors. Or email us on firstname.lastname@example.org.