Filing a personal injury claim shouldn't be confusing, but it can be if you don't have a good understanding of how the process works. In order to receive fair compensation for your injuries, here are a few things that you should know about what qualifies as a personal injury, how to make your claim, and other information that will help you to understand the claim filing process a little bit better.
Knowing When You Can Make A Personal Injury Claim
There are many different circumstances that you could find yourself in that could qualify you to make a personal injury claim. Some if these circumstances include traffic accidents, medical negligence, sports injuries, military accidents, criminal injuries, work accidents, slips and falls, and industrial diseases. Basically, if you are personally injured as the result of someone else's negligence, you should talk to a lawyer about how to make a claim for your personal injury. By filing a claim and receiving financial compensation, you won't be stuck with the full cost of medical bills, losses or expenses stemming from injuries that are the direct result of someone else's actions.
It is important to note that even if another person admits that their negligence caused an accident, you cannot file a personal injury claim and receive financial compensation unless their negligence caused you direct physical or psychological harm or illness. In order to prove injury, your solicitor will obtain a medical report to verify that you have suffered an injury and to show the court the extent of your injury as well as what likely caused it. This information will help to make your case so that you are more likely to get the compensation that you deserve.
Who Can Make A Personal Injury Claim
Anyone who is injured because of the fault of another can make a claim for themselves as long as they are older than 18 years of age. If they are younger than 18, someone will be appointed to act on their behalf. This person is usually the parent of the minor who has been injured. If a parent is not available to help, a close relative is typically appointed. If the person who has been injured is incapacitated and unable to speak or make decisions for themselves, the situation is the same as if they were a minor and someone will be appointed to act on their behalf when making a personal injury claim.
Must A Personal Injury Claim Be Made Within A Certain Time Frame?
Yes, a claim must be made within a certain time frame from the date of the accident. In many cases the claimant is required to make their claim within three years of the accident date. Of course, it is always best to consult with a solicitor immediately after the accident so that you can increase your chances of getting compensated fairly. However, if for some reason your symptoms are not immediately apparent but they flare up a year or so down the road, you should talk to your solicitor about whether or not you can still make a personal injury claim. There are other special circumstances where the time frame to make a claim can be extended but these are a few and beyond circumstances. It is always to best to get a free consultation from an expert injury lawyer that deals with similar cases to yours.
How Much Compensation Will You Receive?
The amount of compensation that you receive for your injuries will depend on the severity of your injuries, whether or not the guilty party admits full or partial fault, what the expert evidence has to say, whether you settle in or out of court, and other factors that differ from case to case. Doctor's reports play a crucial part in determining how much compensation you receive as these reports give an indication as to what injuries you sustained, for what length of time it may take you to recover for them and what type of restriction they apply to your normal life. All these factors will be considered when your settlement is decided. While it is impossible to know up-front how much you will be compensated, a good solicitor will do everything they can to make sure your compensation is just. Please use our claim calculator as a guideline to get an idea of what kind of compensation you can expect.
To find out more about what you should expect when making a personal injury claim, be sure to consult with a solicitor as soon as you can following an accident.