- April 18, 2014
- Category: Latest
It can be unfortunate to incur injuries at the expense or negligence of someone else. If you find yourself in such a situation, then you have a right to claim for compensation. There are many lawyers that can help you file a personal injury, but make sure to find a professional. This will increase your chances of winning the case. It also helps to get a good idea of what the accident and injury claims process involves. With that in mind, here are the five legal steps that go into pursuing an injury claim.
Step 1: Initial Consultations with a Personal Injury Attorney
Filling a personal injury starts with meeting a lawyer. A lawyer who is an expert in this filed will be able to offer the best possible legal advice. However, you will have to give an account of the nature of your injury, the events leading up to the accident and the impact the injury has had on your physical capabilities, productivity, and finances. Most personal injury lawyers offer their services on a contingency basis, meaning ‘no win-no fees’. Hence, injured parties should not delay consultations with a lawyer in fear of high consultation costs.
Step 2: Preparing the Injury Claim
In order to win a personal injury case, the plaintiff must have a strong argument. For this to happen, your attorney will prepare the best possible case for compensation. This involves collecting evidence of your injury such witness statements, description of the accident scene, medical reports and so forth.
Step 3: Presenting the Claim to the Defendant
After preparing an injury claim, your lawyer will present it to the defender’s insurance company or legal representative. Usually, this is done with the intent of achieving a settlement outside courts. If the defendant denies the claims or offers unreasonably low compensation, then the next step is taking the matter to court. However, some injury claims usually end with an amicable solution without having to resort to court proceedings. If your case moves to court, then you will be appointed a solicitor who will keep you informed of all developments.
Step 4: Court Proceedings
During court proceedings, a judge will hear both parties before arriving at the final ruling. The defendant’s lawyer will seek to dispute or reduce the value of the injury claim. On the other hand, injured persons usually file compensation claims for general damages, which include payment for unquantifiable factors like emotional distress, pain, or suffering. Claims for special damages can be filed as well, and this includes measurable factors such as medical bills and financial loss.
Step 5: Case Outcome
The outcome of personal injury cases pursued in court depends on many things. These include the severity of the injury, the circumstances of the incident, burden of proof presented and the time in which the claim was entered. Based on these factors, a judge will be able to determine if the injury was caused by negligence or lack of proper care on the defendant’s part. In this case, the plaintiff would win the case. If the injured party is also to blame, this can substantially reduce the compensation amount.
Now that you know what the accidents and injury claims process entails, then you should know what to expect from this process.
John Finlay is a writer who lives in Edinburgh and loves to educate others about personal injury claims. Click here to find out where John got help for his personal injury case.
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