Personal Injury Claims: 3 Things You Need to Know
In relation to making a personal injury claim there are 3 keys things you should know, whatever the nature of your injury.
1. Take immediate action.
Where appropriate, report the incident to the Police (for example, if you have an injury that was sustained in a road accident), and to your insurance company. Report your injury to a doctor, even if it seems minor – it could become more serious and in the event of a claim being made you will need a doctor's report.
Moreover, it is vital that at the time the injury is sustained – be it the result of a traffic accident or a slip on a loose paving stone – that you record any details of the incident. This may include: noting down the time and date, recording any pertinent facts, taking photos, getting contact details of anyone who witnessed the incident, and also taking details of police or medical reports if applicable.
These kinds of detail will be vital for any claim you make, and it is always better to record them when they are fresh in your mind. This way you will be able to relay the detail more accurately when you talk to a solicitor, and will help them build your case successfully. For further advice on what details you need contact the Citizen's Advice Bureau.
2. Act sooner, rather than later.
It is always advisable to take action following your claim sooner, as then the details of what is involved will be fresh in your mind. However, as personal injury claims are subject to the Limitation Act of 1980, there is also a time limit applicable to bringing any claim for compensation to court.
For most cases, there is a three year limitation period (for any adult aged over 18; for children the three year limit commences on their 18th birthday) starting from the date of the incident. This limitation period means that if no proceedings have begun once three years after the accident has passed, any claim is ‘statute barred' and compensation will no longer be achievable.
There are certain exceptions to this limitation period, and it can be extended in certain circumstances (mostly relating to cases where symptoms take longer to appear, or if a claimant dies within three years of the incident) or even shortened (if the incident occurred on board a ship or aeroplane, for example).
3.Get a solicitor involved.
Whilst it is possible to make a claim through a Claims Assessor, or even to represent yourself in court over a personal injury compensation claim, it is much more advantageous to seek the advice and services of a solicitor with experience in personal injury law. For example, a Claims Assessor cannot claim compensation through the courts, and as a result won't be able to secure as much compensation on your behalf.
Furthermore, although Claims Assessors often operate on a ‘no win, no fee' basis, their charge is typically a percentage of whatever you are awarded. Taking legal action with the help of an experienced personal injury solicitor can secure a larger amount of compensation and although solicitor's fees might seem daunting, many also operate under ‘no win, no fee' arrangements, and as such their fees and expenses would typically be paid by the other side.
An experienced personal injury solicitor has expertise in negotiating, in-depth knowledge of personal injury law and access to relevant information, so choosing to be represented by a solicitor greatly increases your chances of success, and the scope of compensation you could receive.
A knowledgeable and skilled personal injury solicitor will be able to negotiate with insurance companies (who would profit from offering low compensation) and build your case whether it goes to trial or not. In the event of a trial, having the services of a personal injury lawyer is essential.
Source : http://www.articlesbase.com/personal-injury-articles
1. Take immediate action.
Where appropriate, report the incident to the Police (for example, if you have an injury that was sustained in a road accident), and to your insurance company. Report your injury to a doctor, even if it seems minor – it could become more serious and in the event of a claim being made you will need a doctor's report.
Moreover, it is vital that at the time the injury is sustained – be it the result of a traffic accident or a slip on a loose paving stone – that you record any details of the incident. This may include: noting down the time and date, recording any pertinent facts, taking photos, getting contact details of anyone who witnessed the incident, and also taking details of police or medical reports if applicable.
These kinds of detail will be vital for any claim you make, and it is always better to record them when they are fresh in your mind. This way you will be able to relay the detail more accurately when you talk to a solicitor, and will help them build your case successfully. For further advice on what details you need contact the Citizen's Advice Bureau.
2. Act sooner, rather than later.
It is always advisable to take action following your claim sooner, as then the details of what is involved will be fresh in your mind. However, as personal injury claims are subject to the Limitation Act of 1980, there is also a time limit applicable to bringing any claim for compensation to court.
For most cases, there is a three year limitation period (for any adult aged over 18; for children the three year limit commences on their 18th birthday) starting from the date of the incident. This limitation period means that if no proceedings have begun once three years after the accident has passed, any claim is ‘statute barred' and compensation will no longer be achievable.
There are certain exceptions to this limitation period, and it can be extended in certain circumstances (mostly relating to cases where symptoms take longer to appear, or if a claimant dies within three years of the incident) or even shortened (if the incident occurred on board a ship or aeroplane, for example).
3.Get a solicitor involved.
Whilst it is possible to make a claim through a Claims Assessor, or even to represent yourself in court over a personal injury compensation claim, it is much more advantageous to seek the advice and services of a solicitor with experience in personal injury law. For example, a Claims Assessor cannot claim compensation through the courts, and as a result won't be able to secure as much compensation on your behalf.
Furthermore, although Claims Assessors often operate on a ‘no win, no fee' basis, their charge is typically a percentage of whatever you are awarded. Taking legal action with the help of an experienced personal injury solicitor can secure a larger amount of compensation and although solicitor's fees might seem daunting, many also operate under ‘no win, no fee' arrangements, and as such their fees and expenses would typically be paid by the other side.
An experienced personal injury solicitor has expertise in negotiating, in-depth knowledge of personal injury law and access to relevant information, so choosing to be represented by a solicitor greatly increases your chances of success, and the scope of compensation you could receive.
A knowledgeable and skilled personal injury solicitor will be able to negotiate with insurance companies (who would profit from offering low compensation) and build your case whether it goes to trial or not. In the event of a trial, having the services of a personal injury lawyer is essential.
Source : http://www.articlesbase.com/personal-injury-articles