Monthly Archives: May 2009

What To Do And What Not To Do In The Context Of Personal Injury Claims

Personal injury claims are being filed in the pursuit of justice for the injuries and losses that a victim suffers due to the irresponsibility of another person. These claims involve a set of legal proceedings that have to be acted upon by the claimant. A claimant is supposed to take some steps and avoid some steps simultaneously in order to have a successful compensation claim; that monetary relief which counts a lot for the distressed claimants. Along with the significant steps that are to be taken by the claimant, there are the mistakes as well which should be avoided in order to make a strong claim.

• First of all, a claimant is not supposed to sit and wait for his or injuries to get healed up. In case of a victim of a personal injury accident, a compensation claim is to be filed as soon as possible. There is a fixed deadline in which the victim is supposed to make the claim against the responsible party. After the expiry of that deadline, the responsible and the guilty party do not come under any liability to pay for their recklessness or neglect. So, it is the most important step towards filing the case. Delay should be avoided in this regard and claim should be filed as soon as possible.

• The claimant is supposed to hire a professional personal injury lawyer who is supposed to be an expert of personal injury cases. In this regard, the claimant can make two mistakes. He either does not hire a lawyer in case pursuing out of the court settlement or hires a nonprofessional lawyer who is devoid of all those capabilities that a specialist lawyer seems to be blessed with. Claimant, all over the world, are being recommended to hire a professionally skilled lawyer for their personal injury cases because he is the one who can present the case with full conviction making the use of all the facts and evidences in the most appropriate and befitting manner. So, a specialist lawyer should be hired and the consultancy with just any type of lawyer in the context of personal injury should not be done.

• Getting the proofs is also important and a claimant is not supposed to ignore them. Having a timely medical examination is a very significant step in making a strong claim case. This medical report is used as an important proof in the favor of the claimant’s credibility and it helps a lot in assessing the compensation amount as well. The victim is also supposed to get the accident case registered in the local police station for gaining the credibility in the favor of the case. So, the claimant is to get a medical report and an official report in the context of personal injury claim.

• Along with these steps, a claimant is also not supposed to talk to the third party insurer’s right after the accident because he does not know what should be told and what should not be. His lawyer is the one who is supposed to handle those insurers. And another important mistake that is to avoided is hiding of the facts from the appointed lawyer. The claimant is supposed to tell even the minutest detail regarding the accident and also his previous accident and medical history.

Hence, in this manner, the claimant is to proceed in the right manner by following the vital steps and avoiding the mistakes that can be fatal for the 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.

The Simple Formula To Gain A Secured Compensation Claim

Personal injury claims are a channel through which the victim of an accident, the recipient of the consequent injuries is supposed to avail the compensation from that person whose neglect has caused the accident. This is the worth of these legislative reforms where it is made sure that the deserving should get the justice and the responsible and the guilty ones are to pay here for their recklessness and neglect. There is a large number of claimants who claim these compensations but not all of them taste the victory. There is a simple procedure by following which the claimant can increase the percentage of winning.

First of all, the claimant has to be sure that he or she has a valid case. By valid case, it is meant that the claimant is to be sure that the accident has happened due to the fault of another person. Then in this regard if he considers filing the compensation claim against the responsible party, the victim, the injured party should be able to gather the proofs in his favor right from the accident scene. This turns out to be a great help after wards. There are different types of accidents like road accidents, workplace injuries, the professional malpractices, incidents of slipping and tripping etc that are the common causes behind these compensation claims. So, in case of the victim in any of these situations, you as a future claimant is to gather some proofs like

  • Getting the contacts of the witnesses of that accident scene
  • In case of a road accident, getting some photographs of that spot. It really helps out if your car or bike has suffered some damage. It proves to be a helping proof.
  • Getting your accident registered as soon as possible rather call the local police authorities to the accident spot. It lends a sound credibility to the case.

The victim is supposed to file the compensation claim as soon as possible because there is a deadline to all the personal injury claim cases and in case it expires, you can not file the case against the guilty party despite of having a strong case. So, this decision is supposed to be taken very quickly. Then the relative steps are to be taken. Medical examination is of utmost importance in this regard. You are to consult a doctor right after receiving the injury in the accident. It not only determines the nature of the injury but this medical report serves as the best possible proof in the favor of the claimant as well.

The most convenient way to move ahead towards a secured compensation claim is the consultancy done with a professionally skilled lawyer. It is the expertise of lawyer that relieves the entire burden from the claimant. Right from the basic step of determining the extent of the fault, estimating the compensation amount to representing the case in the court and negotiating with the third party insurers; all this is being dome by a professional personal injury lawyer.

Hiring and appointing a skilled personal injury lawyer happens to be the working formula that leads the claimant towards a successful claim. So, the claimant is supposed to get in touch with an expert and specialist personal injury lawyer who can guide him and assist him in the best possible manner.

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

Am I Entitled To A No Win No Fee Based Personal Injury Claim?

Being the victim of an accident and suffering from the injuries both physical and financial do make a person entitled to a no win no fee based personal injury claim. These claims are a channel through which the claimants get a chance to win a compensation that is supposed to be a monetary relief and that is being charged from the responsible and the guilty party. But in the first place, it is very necessary to know the meaning and the explanation of the no win no fee based claims.

No win no fee based claims are those types of claims where the claimant is not required even to spend a penny whether the case is won by him or it is lost to him. It means that the claimant is not supposed to spend even a penny in both the cases if his claim case is to be filed on the no win no fee basis. There are many lawyers practicing in the realm of personal injury cases, who offer their specialized services on no win no fee basis. It does not mean that these lawyers do this on the humanitarian grounds and receive nothing for their services. In reality they get to be paid in both the cases whether the case is won or lost; in case of winning by the third party insurers and in case of losing, by the claimant’s insurance polices.

You can be entitled to a no win no fee base claim if you happen to be the victim of an accident. You have to make this sure that the accident has happened due to the fault of the other person involved in that accident. You will have to prove that you have been the recipient of an injury that can both be physical and financial. You need to go through a medical examination in case of receiving physical injury so that the lawyer should believe your report. After these steps, you are to contact that lawyer who offers his service for the personal injury cases on no win no fee basis. You are to share every detail related to the accident with that lawyer so that he can analyze all the facts to determine whether you have a strong case or not.

Another thing that is to be kept in mind that all the personal injury cases are not to be filed on no win no fee basis. And the lawyers also guide the claimants in this regard. They let the claimants know if the case is to be filed on this base. Usually the road accidents, workplace injuries and incidents of slips, trips and falls are being filed under the caption of no win no fee.

So, in case you have suffered an injury that is a result of that accident which has happened due to the fault of another person, you become entitled to a no win no fee based claim though it is to be decided by the specialist personal injury lawyer offering his services on this base.

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

Estimation Of The Compensation Regarding Personal Injury Claim

Personal injury claims are that opportunity being provided by the law where the victims of different accidents are supposed to be compensated for their pains and sufferings. Though, it sounds very unusual that the responsible ones are to pay for their faults in form a monetary compensation to those who have been subjected to the rashness and neglect of theses guilty parties. One of the most important ingredients of the set up of these claims is the accurate estimation of the compensation claim.

The compensation that is being granted to the claimants of the personal injury cases happens to be in form of a financial assistance being made sure by the law department. Here, a question ma arise can the money really evaporates the injury and dissolves it instantly. Well, the answer is surely not but this monetary relief does lessen the intensity of the aftereffects associated with that accident. We can not say that the physical injury gets to heal the moment, personal injury claim is won but we surely can say that there comes a marked difference in the severity of that injury. So, it is very important the accurate amount of the compensation shoulder demanded.

There are two main factors that influence the determination of the claim amount. These are the intensity of the physical injury being received, the associate medical treatment and the future medical expense that is likely to happen in the future along with the financial loss. These two are the many factors that determine the compensation amount. To put in to specific categories, all the pecuniary (tangible loss like lost income, property damage, medical expense, hospitalization etc) and non pecuniary damages (pains and sufferings) are to be compensated by the responsible and the guilty party.

In this context, the professional expertise of a personal injury lawyer counts a lot. A claimant with extensive knowledge regarding the personal injury claims can also do it on his on but it is the specified duty of lawyer practicing in the field of injury claims. So, it is always very beneficial to consult with a lawyer in order to get an accurate estimation of the compensation amount. There have been many cases where the victims with very little information were made to accept really lesser amounts of claims offered by the third party insurers. The professional advice helps a lot to avoid such mishaps.

Another thing to be kept in mind that you are not to expect the same amount for your claim that you heard one of your friends got for the same type of accident that he went through. Even the same accident cases are not to be given the equal amounts because the damage and the intensity of the injuries are bound to differ from case to case. The compensation claim definitely relieves the claimant of some pressure that the accident caused him. But in this regard, he has to consult a professional lawyer who can get him an accurate estimation of the claim that is desired by the victim of an accident.

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