Personal Injury Claims
Do you want to claim for personal injury? If you do, there are some things that you can do to make the process easier and faster. Every year, millions of people are injured in public places and in workstations. Accidents are not always intentional, but if you’re a victim of injury at work and you’re able to prove that there is negligence, you are entitled for just compensation.
You must be aware that personal injury claims are not easy and can get very complicated. However, if you want to avoid the headache and stress associated with filing claims, you have to seek professional help from an established and experienced personal injury lawyer.
Finding the right personal injury lawyer is not as hard as you think. Once you are able to decide and find someone you can trust, you will have to provide the following information to your lawyer or solicitor:
- Details of the accident (when, where, what, and how)
- The names of witness/witnesses and their contact details
- Injury details including medical diagnosis and recommended treatments
Depending on the severity of the injury or accident, the lawyer will also ask for other things such as proof that you have indeed incurred financial expenses relative to the accident, and that you’ve lost the means of earning money/income. If you have insurance policies like motor or household insurance, you can double check to find out if the legal expenses for filing claims can be covered. You can also gather relevant documents that can support your efforts to file for a personal injury claim.
After providing the details of the accident or injury at work, the lawyer or solicitor will assess your case and will inform you of your chances to succeed or fail in filing the claim. The lawyer can also assess how much you can claim, as well as discuss about the funding of your case against the perpetrator. A reputed solicitor or lawyer will also explain about the legal process and will provide the appropriate advice on how you can face the challenges that you’re about to face.
Other things that the lawyer will need to discuss with you include the following:
- The time duration of the legal process (e.g. how long it takes to make the arrangements and the necessary reports)
- The cost of the service and the plans for funding
- The expected challenges and possible obstacles
Making a claim is not that easy, but when you have someone to back you up and push you when you’re having doubts, you are likely to win the case and get compensated. Lack of evidence is one of the challenges of getting compensated. That is why there is a need to find a competent solicitor or lawyer to guide you through the process.
Making the Claim
The lawyer or solicitor will send a formal letter to the perpetrator or defendant. The letter will contain the details of the accident at work and relevant information regarding the injury. There are also times when an opinion of a doctor or specialist is included in the letter. After the defendant receives the letter, he or she will have to make a reply (through formal writing, as well) within a specified period (usually from the date of receipt to about three months).
If the perpetrator does not deny your allegations, the lawyer will negotiate for a possible settlement out of court. However, if the defendant denies the accident or if no agreement is reached, the case will go to court.
When the person at fault is willing to make arrangements, you and your lawyer can calculate the claim’s value. There are also times when the perpetrator makes his assessment of the claim. In this case, a dialogue is the only way to reach an agreement. The solicitor will guide and provide the needed advice. However, if the two parties cannot agree on the amount of the claim, you can choose to take legal action. Challenging the other party in court is the best way to get the needed compensation.
When the claim is filed and is already in court, the court will take charge and will set a timetable. After several hearings, the court will decide whether you are entitled for the personal injury claim or not.
Most people will have second thoughts in taking matters to the court, but if you really want to get compensated and the person at fault is not cooperating, you have to fight for your rights. The right solicitor or lawyer will be able to help you win the case. You don’t have to worry about the paperwork, so you can avoid the headache and stress.
Personal injury is the term used in the legal industry that pertains to the injury to the emotions, mind, and body. It is different from property injury. It incorporates dental and medical accidents, cases of industrial disease (peritoneal mesothelioma and asbestosis), occupational deafness, repetitive strain, contact dermatitis, and chest diseases.
The amount of the claim will depend on the negligence and intent of the perpetrator or the person at fault. The claim can be obtained through judgment or settlement. Oftentimes, filing for injury claims is controversial. With the help of a lawyer, the extent of the damage can be determined through categories. For instance, the damage can be classified as general or special. Special damages can include lost earnings, property damages, and medical expenses. General damages usually cover emotional distress, consortium loss, pain, and suffering. There are also times when the victim can be compensated for the injury’s lifetime effects.
In most countries, the filing of claims must be within three years after the accident or injury at work or earlier. If the injured is under 18 years old, the filing of the claim stands until the day before his/her 21st birthday. Be sure to read the Statute of Limitations because this is where you can find out the timeframe, so you can decide if you need to file the claim or not. Good luck on your claims!