Personal Injury Claims Process
If you’ve recently met with a personal injury as a result of another person’s negligence, you may be able to access some form of compensation. However, this is actually a detailed process and the person responsible can actually also take legal action in order to stop the process. Our article features the procedure that the usually happens for a personal injury claim.
When it comes to compensation, there are actually two accessibile types of categories. These being either special damages or general damages. In the case of special damages, these often refer to any financial loss that came from an injury such as taxi fares to the hospital, clothing damages and even a car replacement as a result of a traffic accident. However, general damages are known as physical injury such as suffering caused as a result of a loss in earnings.
In order to actually file for a claim, you’re going to need to provide as much evidence as possible. And these are going to be your support for the claims process. So, you’d better start looking at securing the following:
*Photographs Of Your Injury
*Details From Any Possible Witness
However, you should also keep in mind that if you fail to provide any meaningful evidence, there’s a high possibility that you’re going to possibly lose out on your chances at being compensated. The claims process involves quite a few steps. These can be seen as follows:
*Meeting with your solicitor, lawyer or claims assessor.
*Your solicitor, lawyer or claims assessor then proceeds with the claim.
*Your claim is then accepted or disputed.
During the meeting, your claim would be assessed and if it’s found that you have sufficient evidence, they will then proceed with your claim. As this happens, the potential liable party will be contacted with the use of a letter that gives notice of the compensation. Additionally, medical advice is also sought out in order to properly assess any damages done. And a schedule of losses is constructed indicating what you wish to claim for.
In the case where your claim is accepted, negotiations are then carried out between the responsible party in order to achieve the best level of compensation. As long as a settlement is reached, you will then shortly receive your compensation. And there is also the deduction of the initial service fee to your assessor.
If there is a dispute, an out of court settlement will be considered. However, in the case where this fails, your initial case will then be taken to court. And if you win, you’ll then be awarded compensation. However, if you ended up losing, there’ll be no costs to pay.
Additionally, it’s also best to keep in mind that if you’re intending to file for a claim, you must do so within a maximum of 3 years after your accident. During this time, proper diagnosis can be made. So, be sure to find a suitable lawyer, claims assessor or a solicitor. However, be sure to do proper research before you hire someone.
When it comes to your initial personal injury claim, there are also issues of fault. These being negligence and duty of care. Duty of care simply revolves around each person taking action while exercising the universal responsibility to ensure that no harm comes to another and this can be done in the work place among others. If for some reason the duty of care is not taken seriously and breached, it then becomes a case of negligence; this simply means that injury occurs to a fully innocent party.
As we conclude, we have just briefly looked at the process which occurs during a personal injury claims case. And we have also discussed some other important aspects when it comes to dealing with a persona; injury case. Keep in mind that your evidence plays the most important role in this entire process.