Monthly Archives: February 2009

Is the loss truly compensated through the medium of personal injury claims?

Personal injury claims are being filed so that the claimant should be compensated for the pains and losses, he or she is made to suffer from. These pains and injuries occur as a result of the accidents that happen due to the fault of another person the carelessness and the neglect of that person causes a lot of suffering for the victim of the accident. The physical injury, the mental trauma and the property damage; all these factors affect the life of the victim and on these basis the victim is granted the compensation. Well, the question is that through the medium of this monetary compensation clamis, does the claimant really get a way to forget all what has happened to him. Does all the pain and sense of loss really vanish away, the moment compensation is granted to the claimant?

The victim of the unfortunate accidents has to go through a lot and the most prominent aftermaths that embrace him cruelly care the prolonged physical injury and the consequent financial pressure. Through the medium of compensation, this excess baggage can be lifted from him. Though, it can not be said that the physical pain and the sense of loss just vanishes away with the grant of the compensation but the intensity level of these injuries become quite lessened. And, the reason is that the scars and the pain of the injury may take a longer time to get healed but the monetary relief helps the claimant in various ways. this sense of relief counts a lot for those claimants who run short of income as they are no linger to continue their jobs on the basis of their physical injury that results in financial restraint namely the lost wages.

To keep the medical treatment going on is really essential for the claimant. So, on these cases, with out having much financial support, the compensation does bring a relief to the poor victims. The other thing that counts is the satisfaction associated with the fact of getting justice and making the guilty one paying for his wrongs. This really makes the claimant to feel fulfilled. Through the channel of personal injury claims, though the pain can not be healed instantly but the severity level of the sense of suffering becomes really lessened up.

In case of winning the compensation claim, on one hand the claimant feels the relief in getting the justice being done to him and on the other hand feels free of the sense of suffering that kept beguiled him after the happening of that particular accident.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

How A Lawyer Helps In A Personal Injury Claim?

There is one important step that is vital and essential for the success of the personal injury cases and that is the consultancy with an expert and specialist lawyer and getting the case represented by that lawyer in an efficient manner. Personal injury cases are filed by those claimants who become the victim of some unfortunate accident without having their own fault and go through some kind of injury that can be physical, financial and emotional. It is always advised to consult with a specialist lawyer in this respect because he or she is supposed to be the person who can provide all the related information to the claimant and can represent the case in the best possible manner in front of the jury.

How The Consultancy With An Expert Lawyer Or Solicitor Proves To Be Beneficial

  • It is always recommended that the claimant should consult with a specialist lawyer if considering filing a claim for compensation. And the lawyer is not supposed to be just any lawyer rather a specialist one who deals in the personal injury cases.  This guidance indeed proves to be very beneficial for the case and the claimant.
  • The lawyer is the first person to let the victim know whether he has a case or not. The claimant might be ignoring the facts related to his own fault but after sharing all the details with the lawyer can help him determining the extent of the fault.
  • Then, if lawyer assures the claimant that the accident happened without his own fault, then the whole accident scene and the details regarding it are being seen in detail by the lawyer.
  • The lawyer guides the claimant to go for different step that are significant for the success of the compensation claim like a thorough medical examination. This is very important for the strength of the case. There are many claimants who get this done before coming to the lawyer but there are those also who are being asked for a medical check up by their lawyers.
  • After the medical check up and having a detailed analysis of the whole situation, the lawyer performs another important task and that is the estimation of the compensation amount.
  • This estimation is very important and the claimants can not do this on their own until and unless they have a lot of information as how to evaluate it. Without the guidance of the solicitor, the claimant can accept the very low offer made by the responsible party because he does not know how much compensation he deserves.
  • The lawyer is the one who makes the case a stronger one with all the facts and evidences in front of the jury. This is supposed to be the expertise of the lawyer to make the jury members convinced of the fault of the responsible one.
  • The guidance of the lawyer is equally important if the claimant is opting for an off the court settlement.

In this manner, an expert and specialist personal injury lawyer proves to be beneficial for the claimant of a personal injury case.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Estimating The Accurate Amount For Compensation For An Out Of The Court Settlement.

Personal injury claim cases either get settled in the court rooms or outside the court boundaries. The procedures for both the types are different. Those who want to avoid the pitter patter and hustle bustle of the legal procedures usually go for the out of the court settlements. The situation for the settlement arises when the claimant and the third party insurers get along on one amount of compensation. This compensation is to be paid by the insurers of the guilty party and to be received by the claimant so it is very important for both the parties to agree on this point in case they want to go for the settlement. There are certain factors that influence the calculation for a compensation amount.

Well, these factors can be different for the claimant and for the guilty party. It is the primal goal of the third party insurers to give as less amount as possible and the claimant under the guidance of his appointed lawyer wants quite higher than the estimated amount by the responsible ones. But this the skill and the expertise of a lawyer that makes the insurers negotiate on the deserving amount for the compensation claim. And in case of an out of the court settlement, the insurers usually have to agree what the claimant wants, if not totally than the amount is supposed to be quite near to the estimated one by the claimant.

This is the art of the Personal Injury lawyer that helps the claimant getting his desired amount for the compensation. Well there are different features that tend to have an impact on the calculation of the amount. These are

  • The intensity of the physical injury or the mental trauma. The injuries can be minor and they can be severe. So, the compensation amount needs to be according to the severity of the injury and pain.
  • The extent of the medical treatment. There are those injuries that get to heal soon and there are those as well that take a lot of time. The medical expense related to the period of healing as well. So, a thorough physical examination report is needed to base this calculation on this factor.
  • Property damage usually in cases of road accident occurs in the damage to the vehicle. The third party insurers are also to pay for the compensation of that loss. The repairing of the property is to be borne by the guilty party.
  • Last but not the least is the compensation for the lost wages and income. Due to the injury, the claimant might not be able to carry on his work and that results in lost wages. The guilty party is also to compensate for this.

These are the main factors that build up the calculation for the compensation amount. An expert personal injury lawyer should be consulted to get this estimation because there is always this fear of being paid low by the third party insurers.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Factors Affecting The Compensation To Be Claimed In A Personal Injury Case

The basic purpose behind filing the personal injury cases is supposed to be the monetary compensation. The victim of these injuries which he or she has to go through due to the recklessness of another person resulting in accident often has to face quite severe aftermaths of that accident. Financial restraint is the most important one resulting in lost income if the claimant becomes unable to join his work for a period of time and the medical expenditure for the physical injury he has received. These compensation claims are being filed by a majority of the victims. But an important step is to determine the exact amount of the compensation that the guilty party is liable to pay to the claimant.

In this regard, the most important step that is to be taken by the claimant is the consultancy with lawyer and not just any lawyer but a specialist and skilled personal injury lawyer. These personal injury cases are either settled out of the court or taken to the court rooms. But, in both the case the exact amount of the compensation should be asked for. The third party insurers and the jury members of the civil court make every surety how much compensation is being asked for and is it really the worth of the injuries that the claimant has gone through. So, the estimation of the compensation claim counts a lot. At times, it matches with the figure being desired by the claimant and at times the court decides on its own, keeping in view the different facts and evidences.

The two main factors affecting the estimation of the compensation claim is the severity of the injury. The victims of the same type of accident do not get the same amount of compensation because the severity of the injury is not the same. The claimant is supposed to go for a medical examination and the thorough physical check up after meeting up with an accident. The medical report of the doctors counts a lot in determining the compensation amount. There are many times when the court asks the claimant to go through a medical examination again in order to reach at a final assessment. The severity of the physical pain and suffering gets to be judged by this medal report.

The financial pressure is the other important factor that affects the calculation of a compensation claim. At times, the injury is so severe that the claimant is no longer able to carry on his job. This results in lost wages. Bills, rentals, medical expenditure along with the lost wages help in determining the compensation claim when the court takes the notice of the financial restraints.

There are specific procedures that re being used to calculate the compensation amount by the lawyers and the insurers but the circumstances, the severity of the injury and the financial restraints are the important factors that help in calculating the compensation amount.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Are You Entitled To A Personal Injury Claim?

Personal injury claims are meant to provide compensation in form of monetary relief to those who become the victim of an accident. There are different types of accidents ranging from road accidents to the workplaces injuries, malpractices of different professions, incidents of falling and tripping on the private or public properties etc. but how this is to be defined that do you qualify to file for this claim or not. Well, there is certain criterion for that and the claimants are supposed to fulfill that standard.

First of all, the claimant is supposed to go through an injury or loss which he has suffered as a result of some accident. But the most significant thing to be kept in mind is the fact the victim is supposed to be free of any responsibility that has led to the happening of the accident. This point is to be proved in the favor of the claimant that the fault is of the other person whose reckless and neglect has caused the accident. This is the first step that leads to the successful gain of the compensation claim. The determination of the extent of the fault counts a lot. So whenever an accident happens, the victim and the receiver of the injuries is supposed to determine whether the fault belongs to him or to the other person. This is the first step that establishes the ground for the victim to become eligible for the personal injury claim.

There are many victims who are not aware of this fact whether to apply for a compensation claim or not. But as the awareness regarding one’s rights is increasing, more and more people are coming to know about this friendly legislative reform. Those who do not seem to make up their mind as to apply for the claim or not, they can get help from the specialist Personal Injury lawyers. The majority of the people are not able on their own to determine their extent of fault. So, the lawyers are here to sort this problem out.

Then, the intensity of the physical injuries and the mental traumas along with the financial loss in case of lost wages and the property damage; all these factors count a lot in making you an eligible petitioner for the personal injury claim. Medical report and the official report are of significant nature in this regard as the insurance companies and the court need proves to verify your eligibility as a claimant for the personal injury claim. Being the victim of the accident does make you eligible to claim for the compensation but it does not get you the guarantee of winning it.   This has to be achieved with all the facts and evidences being presented in the best possible manner by a specialist personal injury lawyer.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Specialist Lawyers For No Win No Fee Based Personal Injury Claims

It is always advised to get in contact with the personal injury lawyers and solicitors if you are considering filing a compensation case. There are many of us who suffer physically and emotionally at the hands of careless persons. But a times, our financial restraints keep us away from filing the case for the compensation. To the relief of such claimants, no win no fee based claims are being offered by the solicitors and lawyers. Such lawyers do not ask a penny to be paid by the claimants rather offer to fight the case on no fee no fee base where the claimant will not be paying a single penny despite of the fact whether he wins or loses.

It does not mean that lawyers specialized in no win no fee cases do not get paid. In case of winning the case, they get paid by the third party insurance company or the insurers of the guilty party and in case of losing; they are paid by the victim’s insurance company. So, these solicitors manage to get paid in both the cases.

No win no fee based cases are specifically meant for those needy ones who seem to have strong cases against the responsible parties but are unable to pursue the case on the ground that they do not have enough money to handle the court and lawyers expenditures. In such circumstances, these lawyers offer their expertise to file their cases.

It is important to notice that all types of personal Injury cases do not get to be filed on this base. There are certain disputes that can not be fought on no win no fee basis. The specialist lawyers of this legal genre usually deal in road accidents that can be car and motorcycle accidents and cases of slipping, tripping and falling on the private or public properties. Those who suffer injuries as a result of such accidents can contact the lawyers who offer their services related to no win no fee basis.

These lawyers not only help you in the court rooms where your case gets to be filed without your paying a single penny but they also guide you in the right direction if an off the court settlement is desired. All the estimation and evaluation is being done by them. They let you know whether your case is worth filing or not. They also let he claimant know beforehand if the case is not to be fought on this basis.

These lawyers can be contacted online as well so the claimants can consult them regarding their cases. This is a type of legal funding that is meant to help those who want to seek justice.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Integral Steps Of A Compensation Claim

Every procedure is said to be built upon a set of certain steps and that is true for a personal injury claim as well. Compensation claims are being filed for the personal injuries being experienced that are devoid of one’s own fault. Accidents can not be stopped from happening but it can be made sure that the responsible ones who are at fault should be made to pay for the losses which the other person suffers. These compensation claims are to be inclusive of certain factors that can lend conviction and credibility to the claim of the sufferer. These include attaining a detailed medical examination report to form the severity extent of the injury, the consultation with a professional lawyer and last but not the least, the evaluation of the fault and the estimation of the claim.

Medical Examination:

  • It is supposed to be the first step to be taken if you decide to go for a compensation claim.
  • A thorough medical examination is very essential in order to determine the extent of the physical injury.
  • The doctor is supposed to be the best person who will let you know whether your injury can be healed in a short period of time or a longer span of time. This information is bound to affect the estimation of your medical expenses that are to be covered in the compensation claim.
  • This medical report serves as an authenticated proof that can be used to convince the court of your physical injury resulting not only in form of pain but also financial burden that come out in shape of medical expenses.

Consultation With A Professional Lawyer:

  • The second most important step is to consult with a professional personal injury lawyer.
  • It is very difficult to handle the guilty party on your own. Whether you want an off the court settlement or want to take your claim in the civil court, a lawyer is there who can possibly help you out in all the concerning matters.
  • There are many lawyers who provide free consultation also before you decide to appoint them for your case. Share all the valid information with them and get a professional view of your case.

Estimation And Evaluation Of Your Compensation Claim:

  • Then, finally comes the evaluation of your case and estimation of your claim.
  • Your lawyer will accumulate all the information and determine the extent of the fault. Whether the accident happened solely and only due to the other person’s fault or there was a role also played by you?
  • After the evaluation of the mistake and fault, the amount for the compensation claim is being estimated that you can ask for.

So, these are the basic steps that you need to follow while filing a personal injury compensation claim.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.

Various Types Of Accidents Leading To Personal Injury Claims

Personal injury claims are dependant on various types of injuries. These injuries are usually experienced as a result of an accident in which the claimant is not supposed to be on the faulty side. These injuries bring a lot of pain, suffering and mental anguish with them along with a financial restraint.

So, those who go through it without being responsible for the accidents can claim for the compensation from the guilty party. Along with solid factual reports and the experienced injury, the claimant has to prove the careless and reckless mistake of the other person so that he will be made to pay for the loss and pain. There are various types of accidents that cause injuries that re to be claimed for the compensation.

Auto Or Road Accidents:

• These are the most common type of accidents that contribute a lot to the claims of compensation.

• These accidents can be car crashes and the motor cycle accidents resulting in severe and minor injuries, most commonly the whiplash injury.

• A person can claim for compensation for a road accident injury if he has no fault and has enough proofs to make a credible claim.

Workplace Accidents:

• These are also a major cause of personal injuries that become entitled for compensation claims.

• These injuries can be experienced on any type of workplace or job place.

• It is the duty of the employers to provide with a safe environment and working conditions to his employees.

• If an accident happens without the employee or the worker being on the wrong side, then the employer is liable to pay for the medical expense and if he does not, then the employee or worker is eligible to go for a compensation claim.

Accidents Of Slipping, Tripping And Falling:

• These injuries are usually experienced on the public and private properties like pavements or staircases, dangerously exposed material, etc.

• These cases are very tricky in the sense that it becomes quite confusing at times as to determine the extent of the fault.

• At times, the claimant says that he slipped and got hurt due to the neglect of the owner of the property whereas the other party states that the accident happened due to the claimant’s own carelessness.

Malpractices Of Different Professions:

• There many injuries that can are being experienced as a result of the malpractice being conducted by various professions.

• Medical malpractice is the most common of all like accidents of prescribing the wrong medicine and the experienced after effects of that, etc.

• These medical practitioners and institutions can be asked for the compensation in case it is proved that the injury has happened due to their neglect.

These are some of the very common accidents that result in different types of injuries. The victims of these injuries have all the rights to claim for the compensation if they are the ones who are not at fault.

The contents of the article are provided for informational and educational purposes only and are not intended for a legal advice.