Personal,Injury,Claims,Things, law Personal Injury Claims: 3 Things You Need to Know

When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a

Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-priority:99;mso-style-parent:"";mso-padding-alt:0cm 5.4pt 0cm 5.4pt;mso-para-margin-top:0cm;mso-para-margin-right:0cm;mso-para-margin-bottom:10.0pt;mso-para-margin-left:0cm;line-height:115%;mso-pagination:widow-orphan;font-size:11.0pt;font-family:"Calibri","sans-serif";mso-ascii-font-family:Calibri;mso-ascii-theme-font:minor-latin;mso-hansi-font-family:Calibri;mso-hansi-theme-font:minor-latin;mso-ansi-language:EN-US;mso-fareast-language:EN-US;}Howis personal injury defined?Simply put, the legal term ‘personal injury’ refersto harm caused to the body, mind or emotions (as opposed to property etc), soit includes physical or psychological damage, disease or illness. The injurymust be caused by negligence of another party in order to justify a legalclaim. Harm caused by accident – an incident which could not be reasonably foreseenor avoided, one for which nobody can or should be held accountable – cannot be consideredunder a personal injury claim. This is an important distinction to make, as itis easy to be convinced that personal injury claims can be made as a result ofany injury. This attitude is certainly not helped by any myths of bizarre Healthand Safety rulings (see here for the kind of incidents thatcan become Health & Safety myths). The Association of Personal InjuryLawyers also provides useful information tocounteract false impressions of the personal injury system. Whatis involved in a personal injury claim?The kinds of injuries a personal injury claim mightinclude are: those caused by car accidents, accidents at work (particularrelated to slipping or tripping, manual handling, stress or even diseasesrelated to industry), injuries sustained on holiday or in the home, injuriescaused by product defects, assault, and harm caused by medical negligence. Ifyou’ve been injured, and the responsibility lies fully, or even partly, with athird party, then you could take action and seek compensation. As well asdeciding you want to make a complaint or claim against the person or company responsiblefor your injury, there may be other factors involved in your need forcompensation, such as any financial problems you might be facing (thoseincurred as result of incapacity or inability to work), or a need for counsellingas a result of your injuries. Sustaining an injury as the result of an accidentthat wasn’t your fault can be traumatic and stressful, and may have a lastingeffect which can cause you to be unfit for work or require extensive psychicalor psychological therapy. Under these circumstances, compensation can beessential to your restoring your quality of life. In relation to making a personal injury claim thereare 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 havean injury that was sustained in a road accident), and to your insurancecompany. Report your injury to a doctor, even if it seems minor – it couldbecome more serious and in the event of a claim being made you will need adoctor’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 thetime and date, recording any pertinent facts, taking photos, getting contactdetails of anyone who witnessed the incident, and also taking details of policeor medical reports if applicable. These kinds of detail will be vital for anyclaim you make, and it is always better to record them when they are fresh inyour mind. This way you will be able to relay the detail more accurately whenyou talk to a solicitor, and will help them build your case successfully. Forfurther advice on what details you need, the Citizen’s Advice Bureau offers furtherinformation here.2.      Act sooner, rather thanlater. It is always advisable to take actionfollowing your claim sooner, as then the details of what is involved will befresh in your mind. However, as personal injury claims are subject to theLimitation Act of 1980, there is also a time limit applicable to bringing anyclaim for compensation to court. For most cases, there is a three yearlimitation period (for any adult aged over 18; for children the three yearlimit commences on their 18th birthday) starting from the date ofthe incident. This limitation period means that if no proceedings have begun oncethree years after the accident has passed, any claim is ‘statute barred’ andcompensation will no longer be achievable. There are certain exceptions to thislimitation period, and it can be extended in certain circumstances (mostlyrelating to cases where symptoms take longer to appear, or if a claimant dieswithin three years of the incident) or even shortened (if the incident occurredon board a ship or aeroplane, for example). 3.      Get a solicitorinvolved. Whilst it is possible to make a claimthrough a Claims Assessor, or even to represent yourself in court over apersonal injury compensation claim, it is much more advantageous to seek theadvice 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 resultwon’t be able to secure as much compensation on your behalf. Furthermore,although Claims Assessors often operate on a ‘no win, no fee’ basis, theircharge is typically a percentage of whatever you are awarded. Taking legalaction with the help of an experienced personal injury solicitor can secure alarger amount of compensation and although solicitor’s fees might seemdaunting, many also operate under ‘no win, no fee’ arrangements, and as suchtheir fees and expenses would typically be paid by the other side. Anexperienced personal injury solicitor has expertise in negotiating, in-depthknowledge of personal injury law and access to relevant information, so choosingto be represented by a solicitor greatly increases your chances of success, andthe scope of compensation you could receive. A knowledgeable and skilledpersonal injury solicitor will be able to negotiate with insurance companies(who would profit from offering low compensation) and build your case whetherit goes to trial or not. In the event of a trial, having the services of apersonal injury lawyer is essential. Ifyou’ve suffered any personal injury - an injury at work or home, or have beeninjured in a car accident that wasn’t your fault – the best course of action isto find an experienced personal injury solicitor, who can hear the details ofyour case and offer you detailed advice on how to proceed. In choosing thisoption, you will protect yourself from being under-compensated, discredited orlosing out through any legal mistakes on your part. For any personal injuryclaims in London, Bristol or the South West, Bristol-based Family Law filmBattrick Clark are experienced personalinjury solicitors, and offer ‘no win, nofee’ packages. ContactBattrick Clark directly for furtherinformation and advice.