Understanding the Main Elements of a Personal Injury Claim

If you are a worker who has been injured you may be entitled to work injury claim which is also known as a ‘personal injury claim’. A claim can assist you financially by reimbursing you for losses and expenses resulting from your injury, but you can also be awarded for your pain and suffering.

Not all personal injury claims are as a result of a workplace injury. Other claims may include; being injured in a road accident either as a driver, passenger or pedestrian or if you suffer a slip or fall in a public place you may also be entitled to a claim for compensation.

Injury claims can vary considerably. It is very important to get advice from a personal injury lawyer who will be able to advise you of your legal rights regarding compensation.

The main elements of a claim include:

  • The severity and permanence of your injury.
  • Whether negligence can be clearly established.
  • The economic impact of your injury (past and future) for example if you cannot work again you may be compensated for future loss of earnings as well as past losses.

Compensation aims to assist you by putting you back in the financial position you were in before the injury took place. As a rule of thumb whenever there is an injury and someone is at fault and there is an insurance company involved, there may well be entitlements to claim personal injury compensation. Even if you are attacked by a dog, providing the owner has insurance (if it happened at their home for example) then there is a chance that you may be able to claim dog bite injury compensation. Even in the cases of when there is no insurance you may still be able to claim dog bite injury compensation but it may prove much more difficult to obtain a payout when you sue an individual for negligence.

In situations where there has been evident negligence on behalf of the employer (or driver etc) personal injury lawyers can be worth their weight in gold. For example, if you had a serious injury at work and it has left you permanently impaired and the injury could have been prevented easily you may be entitled to claims that is ONLY available outside of normal workers compensation.

There are an increasing number of Brisbane lawyers for personal injuries, but you need to find one that offers you a suitable arrangement. For example a injury lawyer Brisbane may offer no win no fee service – but what does that actually mean? One injury lawyer Brisbane may offer no win no fee but still charge legal expenses, even if they do not win your claim for compensation. Our personal injury lawyers offer no win no fee and this means you do not have to pay anything until you are awarded your compensation and they will only charge you reasonably. Beware of lawyers Queensland who offer no win no fee arrangement but charge premiums to cover their risk.

Essential Information On Personal Injury Claims

What is a personal Injury?

Every year millions of people are injured in accidents and these accidents can occur at home, in their cars, at work place, or outdoors. Generally these accidents are result of someone else’s fault and in such cases the person who is not at fault has the right to make compensation. The majority of the accidents are the result of road traffic accidents (RTA’s) that make personal injury claims, some of the accidents occur at public place or public highways and few of the in the workplace. Many people suffer from personal injury, but only a few of them actually make a claim. The reason behind this is either they are not aware of their right or those who are aware do not know the process of making a claim. Some of them also say that the reason behind not pursuing a personal injury claim is that they believe their injury is not bad enough, so as to warrant a claim.

Personal Injury Law:

According to personal injury law the person who has been a victim or survivor for death, harm or injury will get compensation. The damage here might be physical damage, emotional, or both. There are various things that are involved in personal injury compensation such as:

• Physical and emotional sufferings.

• Medical bills

• Death of a family person

Types Of Damages:

There are two types of damage that are included in personal injury damage awards and they are compensatory damages and punitive damages.

Compensatory damages are such in which the victim is provided with a sufficient amount of compensation on the basis of what he or she would be if the damage or accident had never occurred. There are two sub classifications of compensatory damages and they are special damages and general damages. These are called as monetary losses and non-monetary losses respectively.

Next, is the Punitive damages and these type of damage are not designed to give compensation to the injured person, but in this case defendant is punished for inflicting the victim’s injuries. Such damages are not awarded in all the personal injury cases. Apart from this these damages are not considered until first type i.e. compensatory damage has been ordered.

Personal Injury Solicitor:

Although, the personal injury law is little bit complicated, but people who are injured in accidents can take help from the personal injury claim solicitors. Lawyers who have years of experience have knowledge and skills and they can guide the injured person in the process of making a claim. There are many solicitors in The United Kingdom who offer free consultations and by consulting them you can know whether you can make a valid claim or not.

In case you are injured in an accident, then you can make have the right to take a legal action to make a claim. You should take advice from a personal injury solicitor who is specialized in these types of cases. It is necessary to contact a solicitor as soon as possible after being injured in an accident as there are certain time limits for making a compensation claim. It would be better if you consult the solicitor in the early stages of your accident or injury.

The solicitor will ask you various questions for the process of making a claim of your case and few of them are as follow:

First is the date of accident, place of accident and time of the accident or injury.

Second is the contact details of the witness present at the time of the accident.

Third is a complete detail of your damages and injury which will include your medical diagnosis as well as treatments.

Fourth is the proof that is required to show the loss in your earnings as a result of your injury.

Fifth the documents those are helpful in making a claim or any evidence and photographs of the accident.

A professional solicitor after analyzing your case can tell you the chances of winning the claim in case if any and the amount of claim in compensation that you can get after making a claim. Before hiring any solicitor you should do a research and check for the past experience and charges of the solicitor as the chances of winning the claim depend indirectly on the solicitors.

Personal Injury Lawyers Are a Must Have When Filing Personal Injury Claims

When a person has experienced an injury due to the negligence of another party it is a very good decision to speak with a lawyer who specializes in personal injury. Personal injury lawyers are available to assist their clients who have been injured as a result of carelessness of another person or business.

These claims often include car accidents, slip and falls, medical malpractice, workplace injuries, and assault. They can also be filed when a consumer product is defective and causes physical injury. In a personal injury claim, a person can seek monetary damages based on the extent of the injury, whether it be physical, emotional or both. Personal injury claims also cover other items such as loss of wages or loss of work due to the injury.

Not every lawyer specializes in personal injury litigation. It is necessary to find a lawyer that specializes in not only personal injury litigation but a specific injury as well. During litigation, the insurance companies will have their own lawyers who are completely knowledgeable in regards to personal injury laws. Therefore it is equally important for the consumer or injured party to have a lawyer who is just as knowledgeable. Experienced lawyers who specialize in a specific injury will be able to use this knowledge and their resources to handle the law suit.

These lawyers will have access to medical experts who will help strengthen the case. They should also have access to legal cases that are similar to yours. Preparing for a personal injury case takes time. You will need a lawyer who is equipped to relieve the burden of waiting by filing the appropriate motions, gathering statements from witnesses, and handle the discovery process.

For all the different types of these injury cases, there are specific lawyers to handle them. Medical malpractice law is a perfect example. This type of law is extremely complicated and very specialized. Therefore, it is essential to find a lawyer that specializes in a specific injury. Spinal Cord Injury and Brain Injury are very complex areas which would require a lawyer who only specializes in these types of injuries.

When a person suffers from an injury as substantial as Brain or Spinal Cord Injury, often times they are not able to work again and need a lifetime of medical care. Sometimes, paralysis is a result of these injuries. The lawyer who represents these cases will need to be able to determine the cause, with the help of a medical expert, in order to prove the case. Not having the right lawyer with the right expertise can result in wasted time and loss of a substantial amount of money.

There are lawyers who specialize in all types of accidents such as slip and fall, car accidents, construction accidents. There are those who specialize only in litigation that involves defective products. When speaking to lawyers, ask questions like: What areas of litigation do they specialize in? Have they previously worked on cases similar to yours? What was the final outcome of those cases? How many cases like yours have they handled?

You will not be able to win a personal injury lawsuit without a qualified and experienced lawyer. Personal injury lawyers are there to provide the expertise and knowledge about the law that a regular person does not have. They will ensure that you are treated fairly and your claim is filed properly. Hiring a lawyer who specializes in your specific injury will alleviate the burdens of preparing for a lawsuit so that you can recover from your injury.