Tuesday, May 24, 2022
More

    Everything You Need to Know About Personal Injury Claims

    If you or your loved one has been injured as a result of the negligent conduct of another party, you will need to make a personal injury claim in order to seek the compensation you deserve.

    While a large number of personal injury cases are related to motor vehicle accidents, there are many other accidents covered under personal injury law. An instance in which an individual suffers harm as a result of the negligence of another individual or entity falls under the purview of personal injury law. Personal injury cases involve wrongful death, accidents caused by unsafe properties/buildings, defective consumer products and even dog bites among others.

    Now that you have a general idea of what qualifies as a personal injury, read on to find out more about what is involved in a claim.

    Starting A Personal Injury Claim

    The way you pursue your claim may vary depending on the nature of your injury and value of the claim. It is best to consult a personal injury attorney to ascertain the value of your claim before proceeding.

    If the value of your claim is low, you may choose to represent yourself. However, it is worth noting that this decision could leave you liable to paying the defendant’s (the party you accuse of being responsible for the accident that resulted in your injury) legal costs if you end up losing the claim.

    For claims with a higher value, it is best to go with a professional personal injury claims solicitor. In addition to being better suited to pursuing your claim, these professionals also work on a no win no fee basis. This essentially means that you will not be liable for the defendant’s legal costs, should your claim fail.

    How Much Compensation To Expect?

    Personal injury compensation is meant to help restore your life back to how it was before the injury. It can be hard to determine how much you will receive from the onset because everyone’s needs are different.

    To determine the amount of compensation you deserve, you will be examined by attorneys and expert witnesses with extensive knowledge and experience regarding your injury. Some of the factors considered in the determination of your compensation include, level of pain and suffering experienced, current and future medical costs, lost wages and damages incurred as a result of the accident that also caused the injury.

    How Much Time Does The Claim Take?

    In addition to the time limit for making a claim, you might also be interested in knowing how long it might take to complete your claim after making it.

    For starters, you have a 3 year window from the date you were injured, or became aware of your injury, to initiate your claim. Some of the exceptions to the rule include, for an individual suffering from a mental illness, the 3 year period commences when they regain their mental capabilities; and, for a minor, this period commences when they attain 18 years of age. Whether your claim is from an injury in a gym or a work related accident, the timeframe is very similar.

    Personal injury claims normally take anywhere between six to 24 months to finalise. However, the specific amount of time that a personal injury takes is mostly dependent on the nature of the injury as well as the facts of the case.

    What Happens When Your Claim Fails?

    If you, or your attorney, are unable to reach an agreement on a fair compensation amount with the defendant, you can move the case to alternative dispute resolution (ADR). This may entail taking the case to an impartial mediator or arbitrator.

    However, if the ADR process fails, you can then move your claim to the courts. Your solicitor will be able to give you a breakdown of how this process works. Working with a solicitor who works on a no win no fee basis will save you from having to pay the defendant’s legal fees in case your claim is unsuccessful.

    Funding A Personal Injury Claim

    Personal injury claims can be complicated by the need for funding. It is worth noting that you might have bills to pay (including medical bills) and legal costs, all while you are recovering from your injury – and may have even lost your job.

    To make your life easier, and ensure that you pursue the justice you deserve, there are different ways of funding your personal injury claim. You can start by looking for a solicitor offering a no win no fee agreement, get legal expenses insurance, seek legal aid funding or if possible secure private funding.

    Conclusion

    Just because a person has suffered an injury, it does not mean that there is a viable claim. There must be legal grounds that demonstrate the accountability of the defendant, in order to recover compensation in a personal injury claim. Furthermore, the claim must be made in line with all the necessary legal provisions.

    After reading the above, you should have a clear idea of the main details involved in personal injury claim.

    Recent Articles

    Related Stories