A personal injury claim can get complicated if not handled properly. Since it has legal connotations, it’s best to take legal advice and proper legal steps to file a claim for personal injury.
But before we get into the tips on how to claim personal injury, we need to know what personal injury means in the legal world.
What is personal injury?
In legal terms, personal injury means any injury to your body, as opposed to any injury of property. It is a law of tort, and this injury can be done through negligence, reckless conduct, etc. The person filing for personal injury can demand compensation.
So, we know what personal injury means. Now, let’s get into how you can claim personal injury with these ten tips:
- Insurance policy– Before making any accusations on the person who might be responsible (legally) for your injury, check if that person has reliable insurance. This means that if you claim personal injury from a person who has insurance, it can say a lot about whether you will be able to collect compensation/damages for your personal injury.
- Finding out the culprit– This might sound like the most stupid question. Of course, you know who injured you. But in the legal world, that’s not enough. You might know who is responsible for your injury, but when claiming personal injury, you need to figure out who you are making your claim against. For example, you got injured by the machine used in your office. You might think your office/employer is responsible, but no. The claim will be against the company that produced the machine.
- Evidence– Your claims should be backed up by sufficient, believable proof.
- Tell the basic “when and where” of the incident.
- Were there any bystanders who saw the entire ordeal taking place?
- How/why the incident happened, who, according to you, was responsible, and what happened after the incident.
These all things will make your claim more rooted and substantial.
- Injury assessment– Since you are claiming personal injury, you need to show evidence that your body was injured by the accused. Lawyers will also go through your medical records related to the injury, assess how this injury will affect you in the long run, and take other steps to ensure that you don’t come out empty-handed.
- Compensation amount– After the evidence has been collected and assessed thoroughly, you need to figure out how much compensation amount you will likely receive. Factors taken into account for compensation are; the extent of your injury, the cost of treatment/medical assistance for your injury, travel costs during your recovery from injury, etc.
- Settlement process– After all the information is laid before the other party, a settlement will be reached. The accuser’s party might negotiate, but it is entirely up to you to take that offer or decline it. You can tell your lawyers how much you are willing to settle for, and they will negotiate the amount on your behalf.
- Payment– Once the court has ruled in your favour, it is time to decide the payment process. You might get the entire amount paid to you when your claim ends, or you might get what we call “periodical payments“. These payments are made monthly/yearly and are opted for when the compensation is for a long term.
- Legal advice– It is highly recommended to take the help of professionals during this time. It is normal to generally not know how to claim personal injury, reach a settlement, and proceed with the whole situation. A lawyer will make you aware of your rights in this personal injury claim and also about the time this process can take. You can consult Hickey Lawyers for expert legal advice.
- Realistic expectations– You need to be realistic while claiming compensation. You will be compensated according to the extent of your injury. If you ask for an impossible amount, you might just end up with nothing.
- Lawsuits– Technically, most personal injury claims are settled before it goes to trial. Even a lawsuit is not filed sometimes. But if you think a lawsuit is necessary because of the gravity of the injury, then consult with your lawyer and go for it.
So, I hope this blog gave you some clarity about what to do while claiming personal injury. Just follow these tips, and you’ll be on the right track!