What is a Personal Injury Claim?

Statistics show that over three million people are injured in accidents every year. Accidents happen either at home, in the office in their cars or outdoors and in many cases, another person is at fault and the victims or the plaintiffs in legal terms would have the right to ask for compensation.

Personal injury laws and the procedure in getting a claim can be very tedious and worry some especially for those who have less knowledge and experience in handling these cases.

It is best to ensure you have injury lawyers who you can trust and would go about helping you as a victim to overcome the stress and the injuries from the physical aspect, to the emotional and mental turmoil.

With the assistance of a personal injury attorney and personal injury solicitor, the process of making a claim can be quite straightforward. Many of which offers a free initial consultation and will be able to tell you upfront if you have a justifiable claim.

He or she may also be on your side representing the victim in the dealings with insurance companies to ensure that all angles of claiming compensation and beneficiaries’ receiving are fully considered.

The Process for Filing an Injury Claim

The first step on how a solicitor or an attorney injury personal would do is to send a claim letter to the person/people or the company you are holding responsible for the accident who is the defendant in this matter.

The letter will contain the details of the injury incurred and what has transpired over the course of the accident or situation.

Examples of personal injury cases involves the following:

• Car accidents including accidents with large trucks, motorcycles or pedestrians
• Consumer product liability cases including defective or ineffective products, medications and recalled products which caused harm to the actual consumer or user of the product
• Injuries caused by animals like dog bites
• Injuries involving ultra-hazardous activities like the use of explosives or chemicals
• Slip and fall injuries and other premises liability cases
• In medical malpractice cases and other cases involving professionals, the defendant is held to the same duty of care as a reasonable member of his or her profession.
• Injuries to reputation inflicted by defamation or injuries to the mental and emotional health caused by intentional wreckage of emotional distress or caused by a physical injury

The defendant would need to reply or send a response to the letter within a fixed period which is by injury law is not more than three months and in many of the cases would be shorter than the mentioned time frame.

The response should be able to highlight the defendant’s say whether they accept or deny any liabilities for the said injury. If they will be accepting the liability, the solicitor or the personal injury lawyer will do his or her best to settle the matter out of the court.

As a person of knowledge and experience, the personal injury attorney will tell you what their expert value of the injury claim is.

The injury lawyer may also ask how much the compensation you’re prepared to accept and whether you want to make an offer to settle for that amount, also known as Part 36 offer.

The solicitor will tell you as the victim or the plaintiff whether you should make a Part 36 offer and how this will impact or affect you.

If in any case the defendant will respond reasonably to this offer and an exact figure and terms is agreed, then the matter can be settled without the need to go to the court.

In certain situations, the defendant may also respond with their own Part 36 offer, if this occurs, the injury lawyer will advise you of what to do.

When filing a personal injury lawsuit, the following are needed by your personal injury attorneys prior to processing the injury claim:

• The date when the accident, where and how it transpired
• The contact details of any witnesses you may have recovered or advised about
• The specific details of the injuries, medical diagnosis and other treatment received
• The specifics of the information whether you are a member of the trade union, or you have legal expenses covered by insurance policies since this may entitle you to a free or reduced cost legal representation

Other details needed as part of the personal injury laws and rules will be:

• Proof of any loss of earnings and other financial expenses as an aftermath of the injury
• Supporting documents relating to any insurance policies you have to check whether these will cover the legal costs of the claim
• Supporting evidences that can be used to defend and assist the claim which will include documents before the accident or previous accidents in similar circumstances

It is important that despite of the mishap and inconveniences as a victim would incur, figuring out who to contact, establishing the relevance of identifying who is at fault and taking the best early steps to take to help with the case proper should be fortified.

We know for a fact that it is really difficult to move and prepare all documents needed given the damage it has done physically and mentally, it is still best to get support from loved ones, relatives and friends who would be your personal guide, runner, person to do the calling and interviewing, moral support and source to be readily available when the unfortunate incident occurs.

If all else fails and the matter would be taken to court, the injury lawyer would be your legal representation for the case and would be your needed guidance as you move with the legal undertaking.

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