It may feel like a lot of effort at the time but filing a personal injury claim is a way to ensure that you are compensated for the pain and suffering you have endured from an injury or illness. Compensation claims are also there to make up for reducing the quality of life you may have experienced due to your illness or injury.
Filing a personal injury claim can be time-consuming, and if you don’t win, it can be costly. Therefore, it’s essential that you fully understand the process and what’s involved before taking any legal action.
The best advice you can get is from a legal professional. However, the following are some points you should consider.
There must be someone to blame
If your injury or illness was caused by accident, you aren’t automatically entitled to compensation. To be able to make a claim, there has to be someone at fault.
When you make a personal injury claim, your compensation will be awarded from the person’s insurance policy who is at fault. So if nobody is at fault, or the accident was your fault, then there is nobody to claim against.
If you aren’t sure whether someone was at fault, you can seek advice from a legal professional who will give you more information. In personal injury cases, many law firms will provide an initial consultation for free to assess whether your case is worth pursuing.
There is a time limit
The time limit for personal injury claims is three years.
Specifically, you must have commenced court proceedings within three years of becoming aware that you have sustained an injury. The date you become aware of the injury or illness can sometimes be much later than the incident itself.
For example, if you became ill due to working in an environment containing asbestos, but didn’t find out until years later that it had caused you to become sick, then you would have three years from the date you find out that you had become ill.
There are some cases where courts will extend the time limit, but this isn’t common.
Medical evidence will be needed
To be successful, you will need to provide medical evidence to back up your claim. Therefore, you should always seek medical advice and keep records of any treatment that you undertake.
If you believe that the damage is Psychological, then your solicitor can arrange for you to be examined by a professional to give testimony. Click here to find psychiatry experts for your court case.
Record everything!
At the time of the accident, take a record of exactly how, when, and where the accident occurred. The more details, the better, and if you can take photographs with a date and time stamp (most smartphones have this capability), this will be helpful.
In the period following the accident, it’s a good idea to keep a diary and record how your daily life is impacted. This record can be used as part of your case.
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