Tag Archives: Personal Injury

Who requires the professional services of a no win no fee specialist lawyer?

Personal injury claims are claimed by those people who after being victimized, receiving personal injuries, try to avail justice.Personal injury claims are a help for such victims who have to suffer due to the fault of another person. This is the base of all types of personal injury claims that the claimant is supposed to prove that he or she has suffered due to the rashness or neglect of anther person. But who are those who require the professional expertise of a no win no fee specialist lawyer in the context of filing a compensation claim. Well, all those who are truly being mistreated and have experienced physical or financial injuries as a result of those accidents which have happened not out of their own fault.

No win no fee based claims re basically those types of claims that are being offered by the specialist lawyers to the claimants where the claimants are not supposed to pay a single penny as the claim expenditure. It means whether the case is won or lost, the claimant is not supposed to spend any money on it not even the lawyer’s fee. There are many such lawyers who offer to fight the claims on the basis of no win no fee and it proves to be a great help to those who are already facing a financial restraint which gets to be doubled up after meeting with an accident and experiencing an unwanted injury.

It does not mean that the lawyers do not get to be paid and they fight the cases with out earning any money. The matter of the fact is that they are being paid in both the situations; in case of winning, by the third party insurers and in case of losing by the insurance companies of the claimants. The point to be kept in mind is that not all the cases are to be filed on this base. No win no fee specialist lawyers decide after listening to the details of the accident whether this case is eligible for this category or not. Usually the road accident,workplace injuries type accident are being filed on this basis.

So, those victims who have gone through an accident and have received injuries that can be physical and financial are very much eligible to go for no win no fee based claims but it is he duty of the specialist personal injury lawyer to determine whether the case fits into this category or not.Though ,no win no fee based claims provide a great help to the needy claimants looking for the monetary relief in form of compensation claim because in case of winning, they are supposed to enjoy the whole amount with out any deduction that can be in form of a lawyer’s fee.

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

Pecuniary And Non Pecuniary Damages For Personal Injury Claims

Personal injury claims provide the victims of different accident, a chance to sue the responsible party for their pains and losses. Through this medium, the injured party gets an opportunity to be compensated for that specific injury, it has suffered. As the time has elapsed, these legislative reforms have become friendlier to help the needy ones. Through personal injury claims, the victims can ask the guilty parties to pay for their damages. These damages are mainly of two kinds; pecuniary and non pecuniary.

Pecuniary damages are those damages which are related to the finance or property. There are different types of accidents which contribute towards the pecuniary damages. Road accidents are a common example of it. A car or a motorbike accident can involve a high damage to the vehicle. In that case, the property of the victims gets damaged by the neglect or rashness of the other party. And hence, the claimant can ask for the repairing expenses related to this damage in form of compensation from the guilty party.

Other thing that comes under the banner of pecuniary damage is the lost income or lost wages. This can happen if the claimant has gone through severe physical injuries and on that basis he is not able to carry on his work and thus it results in form of lost salary. This financial loss is to be compensated by the responsible party.

Pecuniary damages also involve the expense related to the hospitalization. While determining the amount of compensation, this factor is also to be kept in mind. The victim’s expense on hospitalization and the related medical treatment is also to be included in this kind of damage and it is supposed to be compensated as well. It also includes future medical expenses as well that are likely to happen as an aftereffect of the accident.

The other type is the non pecuniary damage. It relates to the suffering and pain which comes out as a result of the injury being experienced by the victim due to the fault of another person. This can be due to the physical injury and the psychological and the mental injury or trauma is also a part of it. Most of the accidents usually happen in the physical injuries being experienced. These are supposed to be of any types ranging from fractures to brain injuries, from bleedings to bruises.

The intensity and severity of these injuries is very much entitled to compensation. Medical examination reports counts a lot in this regard. It is done so to establish the credibility of the victim’s claim regarding meeting with an injury and also for determining the nature and the intensity of the pain and suffering related to that specific injury.

So, those injured parties who experience any of these damages can claim compensation for it but they have to prove their cases in this regard.

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

Can This Legal Institution Of Personal Injury Claims Be Befooled?

Personal injury claims are supposed to be a great source of solace for those who have to go through a lot of pains and sufferings due to the fault of another person. There are different types of accidents making different types of claim cases and the number of the claimant is increasing every year who are filing these cases for availing the compensation.  So, there are those crooked rogues as well who think to befool this institution. There have been such cases where the claimant turned out to be a bogus one with an absolutely fake case. There are many chances that these cases are vulnerable to the deceit of these crooked ones but still it is not possible to get away so easily after doing this.

The primary goal of these personal injury claim cases is to get the justice to those who come to the doorstep of this legal institution. This is the characteristic of these cases which make them liable to be misused. There are many cases where the insurance companies are being involved and the claimants seek the compensation claim from them. It seems far easier to befool these insurance companies for gaining the compensation rather than filing a fake case in the civil courts. Fake claim cases are being files. Fake facts are given and on the bases of these. A compensation claim gets to be demanded by these deceitful people from the insurance claims.

But the good thing is that compensation is not allotted to those who come and ask to be compensated. All he verifications are being carried out by the insurance officials. All the details are gathered from the claimants and then these details get to be verified and qualified as well. The information from the related departments is gathered to see whether the claimant is lying or not. In some cases, special investigators are also being appointed for investigating the credibility and authenticity of the compensation claims being filed by various claimants.

In case, anyone trying to befool these companies in order to avail the compensation claim by filing a fake case gets verified and his true persona comes in front of the insurers, he gets the due penalty for it.

This is not impossibility that these claim cases are fool proof. Due to the characteristic that is to help out the needy ones through a monetary relief; these cases case become an attraction for the wrong plans. But it should be kept in mind as well that it has its own safety means. All the verifications are being done and the claimant is supposed to prove with full conviction and strong facts and evidences. In case of a fake claim, it turns out very soon that the claimant is trying to befool the court and the insurers and then he has to pay the consequential penalty.

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

Worth Of A Lawyer For The Success Of A Personal Injury Claim

There are different factors that contribute a lot to the success of a personal injury claim. Through the medium of these claims, monetary compensation is being awarded to the victims of the accidents who are at the receiving end of the inflicted injuries by the neglect and carelessness of another person. Through these claim cases, it is made sure that the deserved ones should be paid for their injuries in form of compensation claim so that their financial burden, that can be the out come of the accident, is lifted off them. Amongst the other factors, a specialist and professionally skilled lawyer is essential to the success of these claims and it is always recommended that the claimants should consult one such lawyer.

Not any but a skilled and a specialist lawyer has a valued worth attached with his status. This is that worth which helps the claimant in getting his dream of gaining compensation under the consultancy of a professional personal injury lawyer. There are many victims who do not like to get in contact with the lawyer due to the financial restraint or in order to avoid the pitter patter of the legal proceedings. Those who go for the out of the court settlements go usually move ahead without the professional consultancy with a lawyer. Until and unless, the claimant has all the related knowledge in this field, the claimant can be vulnerable to the low offers being made by the third party insurers.

This is worth of the lawyer that helps the claimant in winning the case. Right from determining the extent of the fault to estimating the exact amount of the compensation claim and presenting the case with full conviction with the help of the proofs and evidences. Both for the out of the court settlements and the court room proceedings, the presence of a lawyer counts a lot. No doubt, a lawyer is essential to the success of a personal injury case but it has to be a professional and a specialist lawyer. This is the worth of a skilled lawyer that can handle even the tricky cases with utmost diligence.

There are many such cases where it seems very difficult to establish the fault of the guilty one in case he is shying away from his fault and the claimant is not having quite clear cut proofs that can make his accusation right. In such cases, the skill of an expert lawyer becomes handy for the claimant because this is the ability of a professional lawyer to present even a weaker case in the most plausible manner.

It is always recommended to consult a skilled personal injury lawyer to strengthen the chances of winning the compensation claims. This goes without saying that a lawyer is definitely the entity that can be responsible for the success of any personal injury case.

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

Can A Person With Financial Restraint File A Personal Injury Claim?

In these modern times, a man has to pay money for every thing even if he wants to seek justice for the wrong being done to him. The legal proceedings have never been easier to pursue and they are both time consuming and money consuming. There is a general perception regarding the personal injury claims that they are very expansive to file as they can result in lengthy legal proceeding, consequently more money to keep them going.

But for the surprise, it is not a fact. It is true that the claimant has to pay the court fees and the lawyer’s fee but to the relief of the common person, it has got some legal aids as well. Now, a claimant with a financial restraint can claim for the compensation.

The most commonly used, a type of legal fund is no win no fee basis claims. There are many personal injury lawyers who offer to fight the personal injury cases on the basis of no win no fee. Those claimants under a financial pressure where they can not support their case but have strong cases against the responsible ones and have greater chances of winning can make use of this facility. It is to be kept in mind that not all the types of personal injury cases fall in this category.

Usually the road accidents are the ones or the workplace injuries that are being offered to be claimed for the compensation on this ground. Here, the claimant is not to pay even a penny whether the claim is won or lost. In case of winning, the third party insurers pay the lawyer’s fee and in case of losing, the victims insurers pay the fee.

The other type of legal fund is lawsuit funding. It is a kind of loan that is being lent by the law companies to the needy ones. The specialty of this loan is that it is to be paid back only in case if the claimant manages to win the claim. It is specifically designed for those claimants who have filed their cases in the courts and have strong chances of winning but they are made to accept the low settlement offers by the third party insurers.

They are made to do so because they run short of money during the course of the claims and can not keep the case going for a long period of time. The responsible and the guilty party tend to make use of the situation and offer a lesser amount to be accepted by the claimant. So, this loan is being lent to such claimants to keep their cases going on and they have to pay back only if they win their claims.

On the whole, it can be concluded that the common man with a financial restraint can manage to file a personal injury claim and can be successful in winning it by paying even a single penny.

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

Workplace Injuries- Employees’ Right And Employer’s Duty

There are various kinds of accidents that lead towards the personal injury cases. There are many such cases also that involve determining the difference between the rights of the victims and the duties of the responsible ones and workplace injury claims are one such type of personal injury cases. Accidents are bound to happen anywhere, any time and workplace injuries are also not predicted. They can make the workers to fall a prey to them. The employees seek the help from the personal injury claims if the employers shy away from the responsibility of acknowledging and the supporting both medically and financially the poor worker. To the contrast, there are many such employers as well who make the medical expense being borne by the company as a part of the job contract.

Workplace injuries are considered to be a major cause that leads towards the compensation claims being filed by a lot of the suffering workers and employees. It is supposed to be the prime duty of the employer to make sure the safety of his workers. And this supposed to be the right of the employee to get all the support in the time of need, especially in case of an accident that has happened due to the neglect of the employer. But a majority of the employers do not seem to acknowledge this duty of theirs. In case when an accident happens, they blame the worker for the fault where as in reality the fault belongs to the employer. In such cases, the workers take the help from the personal injury claims so that they will get the due amount of compensation for the injury that they have suffered.

The workplace injuries are usually the resultant of unsafe working environment or they happen due to the unsafe or dangerous machinery being provided by the employers. Any kind of neglect being conducted on the part of the employer results in form of an accident that affects the worker in the most horrific manner. The injury can be very severe, the worker can be physically handicapped on the permanent basis and above all the financial restraint. He may lose his job as well due to the worsened injury. In such cases, it becomes the most significant step taken by the employer to support his worker by bearing the medical expense. In case if the employer shies away from this duty, then this is the right of the worker to get the monetary relief through the medium of personal injury claim.

The worker is supposed to contact a specialist personal injury lawyer who can help him in winning the compensation for the suffering he or she has undergone.

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

Significantly Necessary Steps To Be Taken By The Claimant Of A Personal Injury Claim

Personal injury cases are not that simple to prove as they sound. Being the victim of some unfortunate accident only does not make the victim entitled to a compensation claim. It is a legal procedure and like all the other legal processes, it needs to be followed with a set of steps. There are three main characters involved in the personal cases namely the claimant, his lawyer and the guilty party along with its insurers. All have their respective duties that they are supposed to play so does the claimant.

A claimant is supposed to be that person who has been made to go through a lot of physical pain and suffering due to the occurrence of an accident in which he was not at fault. The claim is being filed by the claimant to get the compensation for his pain from the guilty party. And, he needs to take certain steps on his on to initiate this process.

Knowing The Extent Of The Fault

The very basic and the necessary step that is to be taken by the claimant is knowing the extent of the fault. He is supposed to determine whether he has any contribution towards the happening of the accident or not. There are many such claimants who do not know this very basic point. They either end up exaggerating the fault of the other party or they underestimate their own innocence. This step is very vital and basic as rest of the procedure rests on this. In case the claimant has no fault, then he can carry on with the claim process but on the other hands, coming to know that he himself is also responsible for the accident, then he can not go for the claim. This evaluation can be conducted on the part of the claimant’s lawyer s well. He can tell the extent of the fault after having listened to the whole accident details.

Hiring A Skilled And Specialist Lawyer

The other most significant and basic step is to get the consultancy with a professional and skilled lawyer. This is the last step that the claimant is required to take because from there onwards, the appointed lawyer takes all the matter in his own hands, relieving the claimant of any other responsibility. A skilled lawyer helps the claimant right from assessing the fault and determining the compensation amount to the legal proceedings associated with the personal injury claim. A specialist personal injury lawyer guides the claimant in the best possible manner and he is the one who presents his case with all the conviction that the claimant gets successful in gaining the compensation for his pain and loss.

So, these two are the most significantly basic steps that are to be taken by the claimant and if he takes these two right decisions, then rest of the matter becomes easier for him.

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

Off The Court Settlement Or Legal Proceedings Regarding Personal Injury Claims

Personal injury claims are either taken to the court premises or they get settled outside the jurisdiction of the court room. There are two parties involved in these cases; one the claimant who is made to suffer physically and financially as a result of an accident and the other one is the responsible party who is the main factor behind the happening of a specific accident. The claimants claim for compensation for all the pain and suffering they are made to go through. This monetary relief is denied by the responsible ones so the case is being filed in the hope of getting the justice. There are these two methods that are being adopted like off the court settlements and the legal proceedings for attaining the desired compensation.

Usually minor injuries and property damages that are the resultant of road accidents or workplace injuries get to be settled out of the court room. There are two main factors that lead towards a settlement. These are the time factor and the honour factor.

  • There are many claimants who do not have much time to pursue the legal proceedings so they opt for the settlement. The third party insurers’ job is to save the money as much as possible. So, initially going for a settlement, they offer a lesser amount for the compensation. So, if the claimant is not interested and wants his desired amount then the case is being taken to the court room. But those claimants as mentioned earlier who do not have much time for the legal proceedings and who want to avoid the pitter patter of the court usually accept the offer.
  • The honour factor is the one that is being preferred by the responsible or the guilty party. Those who do not want a stigma of a court case on their character insist the claimants for the settlement. They become ready to pay the desired amount as well.
  • It does not mean that the claimants going for the off the court settlements do not need the guidance from any expert lawyer. They still need it especially for the exact estimation of the compensation claim. A lawyer can help them to calculate the total compensation amount that is the right of the claimants.

The other option for the personal injury cases is the legal proceedings. Usually very severe accident cases or severe injuries are being claimed for compensation in the civil courts. The guilty party shying away from its fault and mistake and insisting upon its innocence bring the case to the court room. Otherwise, if the injury is very severe and the claimant is suffering the financial restraint in shape of lost wages but the other party is not willing to pay what the claimant deserves then the case reaches the court room where the legal process is being initiated for the final result.

Whether to go for a settlement or a legal proceeding depends upon the feasibility of the claimant. But it should always be kept in mind that consultancy with an expert lawyer is made sure. The personal injury lawyer can guide the claimant as to choose which way that will be beneficial both for the case and for the claimant.

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

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.

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.