Getting Inside Personal Injury Claim Advice: How It Works

The personal injury claim. If we believe everything the media reports then these words should strike a shuddering fear within. Despite the sceptic’s ideas of personal injury claims and advice, the reality is that personal injury firms have united many injured people with compensation that they are, by law, entitled to. Perhaps one of the reasons for the gross misrepresentation of legitimate firms and claims is that the process is misunderstood and deemed complex. It doesn’t have to be a dark and mysterious underworld, and it’s not. We delve head first (safely) into the personal injury claim process and find out just how it all works.
THE ACCIDENT – A personal injury can happen when you least expect it and in a range of different settings: at home, work, on the road, out and about. A claim can be made if it can be proved that the accident was not your fault. This means that another person or party has exercised due negligence and that the party’s duty to take precautions to prevent the accident and injuries occurring has been flouted. If this is the case, the claimant has a legal right to pursue a claim and may be entitled to monetary compensation.
REPORTING THE ACCIDENT – Whether a severe accident or a minor Repetitive Strain Injury, the injury must be reported to a doctor. This is not only for medical and health reasons if the condition worsens, but if you are required to attend court to receive compensation a doctor will be asked to provide a medical report. A car accident will need to be reported Car Accidents Faq to the police and the insurance companies involved, and an accident at work or on-the-go will need to be recorded or written in the work accident book. Remember, insurance parties may offer their own advice and compensation but you do not have to accept it. It some cases it may be more beneficial to seek advice from a personal injury claim specialist.
EVIDENCE – Evidence should be gathered involving the accident and injury of the claimant. This may include taking photographs of the scene of an accident, writing down an incident narrative and taking witnesses details such as their names and addresses, all of which will strengthen a claim. It is also vital to keep hold of all receipts if you plan to reclaim medical costs, prescriptions and travel expenses directly resulting from your injury. Without them, you will not be reimbursed.
CHOOSE TO BE REPRESENTED – A successful claimant usually chooses to be represented by an experienced injury lawyer who can guide and offer advice throughout the procedure. If making a claim, the process will most likely involve a legal procedure which must be adhered to. A lawyer well versed in personal injury claims will be able to guide an individual through a potentially complex court process and offer well informed advice.
CLAIM ASSESSMENT – A chosen personal injury lawyer should be able to quickly access whether you have a legitimate claim. It is then Whiplash Injury After Car Accident likely that they will listen to your story and take a statement to create a clear and detailed account of what exactly happened.
INSURANCE COMPANIES CONTACTED – Once the personal injury lawyer has obtained, investigated and proved the relevant evidence the case can be presented to the opponent’s insurers. The insurers will then be informed that a claim is being lodged against them.
PRE-ACTION PROTOCOL FOR PERSONAL INJURY CLAIMS – Insurers and personal injury lawyers must adhere to the certain protocols as set by the Ministry of Justice. This usually means a ‘letter of claim’ is sent to the defendant which includes a clear summary of the facts on which the claim is based together with an indication of the nature of any injuries suffered and of any financial loss incurred. The defendant then has 21 days from the posting date of the letter to notify his insurer and indicate any omissions from the original letter of claim. If there is no response in this period then the claimant is entitled to issue court proceedings.
INVESTIGATION – After the ‘letter of claim’, insurers have a maximum of three months to investigate the accidents circumstances and come to a decision on whether they take liability or not. If liability is recognised then compensation may be settled there and then. If denied the personal injury solicitor will, with the claimants agreement, pursue the case to court. Compensation may or may not be received depending on the court’s verdict.
COMPENSATION – The amount a claimant receive depends entirely on numerous circumstances of the injury and accident.
Because each injury and the events in which they occur are indefinitely unique, the personal injury claiming process varies for every individual case. It is always best to receive qualified advice from a specialised personal injury firm.

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