If you’ve been hurt in an accident, whether at work, or on the road, don’t wait too long to think what to do next, and start making a personal injury claim. You might already hear that, in these situations, you can claim compensation for your losses. But how knowledgeable are you on how to claim compensation? What are the steps you should take?
Indeed, starting a personal injury claim can be a daunting and confusing process, with all the complex laws that only very experienced attorneys could easily navigate. As an accident victim, you’re likely to wrap your head around law terms and procedures, not knowing what action you should take.
Thus, if you’re really interested in making a personal injury claim, you’ve arrived at the right place. Of course, consulting with a personal injury lawyer could make the whole process easier, but there are some things you might want to keep in mind before making the claim and ensure that everything runs smoothly. Let’s see the down below steps to take when making a claim.
Not Each Injury is Eligible for a Claim
Just because you’ve been injured, doesn’t mean you’re eligible for a claim and receive compensation. You are only eligible to receive compensation if another party was at fault for the accident, and the injuries you’ve suffered. Also, you must prove that the whole story about the accident and injuries suffered is real. Then, you can start claiming compensation fi there are legal grounds for it.
If the accident occurred because of you and your negligence, you won’t be able to claim compensation. Still, starting liability isn’t as easy and straightforward as it seems. If things aren’t exactly black and white, you can blame yourself for missing the opportunity to make a claim. It’s always advisable to consult with a personal injury lawyer to discuss the details regarding the accident and figure out how to solve the case.
You Can Still Make a Claim if You’re Slightly Responsible for the Accident
What if both parties have been involved in the accident? When you’re not the only one at fault for the accident, you’re only partially at fault. In this case, you’re still eligible for making a claim for compensation for your injuries. Still, the compensation amount will be discussed based on how much you were at fault for the accident. It means that you won’t be eligible to receive full compensation to cover all your losses, since you also hold a part of the fault, but you are going to receive a small part of compensation if related carelessness is recognized.
Not Tow Personal Injury Cases are the Same
Personal injuries come from traffic accidents, usually, being the most common reason why people claim compensation. Still, personal injuries aren’t limited to road accidents.
As legal experts from the UK say, not two personal injury cases are the same. Car accidents are just one of the many different types of personal injury cases. You can claim compensation if you’ve been severely injured in an accident on the road, at work, on someone’s property, in a public place, or if you’ve sustained injuries due to malpractice. If you can prove that someone else is responsible for your injuries, you are 100% eligible to claim compensation.
You Must Gather Evidence to Support Your Claim
When it comes to personal injury cases, evidence is crucial. Otherwise, you won’t be able to support your case. With no evidence, you can’t prove who is at fault for your injuries and the accident. Police reports and medical records are officially showing that you were involved in an accident and that you’ve sustained severe injuries, but other evidence might still be necessary to support your claim and shed light on the matter. You can add to your collection of evidence photos from the scene of the accident, videos, and also, don’t forget to speak to witnesses and ask for their contact information. Keep tracking all the medical receipts, documents, and document as much as possible the loss of income due to the accident.
You Must Make the Claim Within the Time Limit
Keep in mind that if you don’t have all the time in the world to prove your personal injury case. The claims must be made within a specific time limit, which is three years since the accident happened. There are some exceptions, though, depending on the circumstances, when you could extend the limit of making the claim. For example, if children are involved in an accident and parents don’t claim for compensation in their regards, they have the chance to claim compensation themselves by the time they reach the age of 18. But in other cases, you must decide whether you want to take legal action, and if yes, to consider the time limit, or else you might lose your right to make a claim forever.
Personal Injury Cases Can Sometimes Be Settled Out of the Court
Not all cases end up in court. Most of them are settled outside court, without involving a jury. Indeed, the process is a lot smoother, and can take less time since all it’s needed is that your lawyer negotiates the amount of compensation with the insurance company. It’s totally up to you to decide if the settlement offered by the insurance company is right. In fact, you might discuss it with your personal injury lawyer, and decide whether to still negotiate, or take the case to court.
Remember that insurance companies are not looking for your best interest. They are required to compensate the victim, but they won’t act in your interest. An insurance agent’s job is to protect their company, so they’ll try to make an offer that is way below from what you deserve. That’s why it’s important to know how to negotiate an offer or let your lawyer do the job and handle all these procedures in their way.