How, When & Why To Submit A Personal Injury Claim
You have the legal right to sue an individual who may have hurt you in an accident. This is especially if irresponsibility causes it on the road. You are entitled to full compensation from the lawsuit you file against the individual.
• How to make a claim
When involved in an accident, you will need to look for a reputable lawyer. You probably do not have any knowledge about creating a draft for your claim. Additionally, if you are hurt badly, you cannot afford to go about loads of paperwork. A lawyer can create the most appropriate Statement of Claim for your accident. Several details have to be included in the claim for it to be conclusive. These are:
1. The date of the crash.
2. Name of individual involved in the accident.
3. A description of the occurrence of the crash.
4. The total amount of compensation being claimed from the damages caused.
5. Reasons that support your entitlement to the claims.
6. Referrals to the relevant laws of your state.
The party being sued is entitled to defend themselves using a document known as a Statement of Defense. This will ensure that the case is judged relative to avoid being biased against one party.
• The right time to submit the claim
This is dependent on the laws of the country or state you are living in. A good example is British Columbia. Here, the minimum period to file for personal injury accident claim is two years. Once this period has expired, you automatically lose the right to seek any compensation for any injuries that you have experienced.
However, different actions need to be taken when in cases where children were injured in the accident. This requires you to contact an injury attorney immediately. Where a sexual assault has occurred, similar precautions need to be taken.
You need to head to a hospital as soon as you are involved in an accident. Do not underestimate any minor injuries as they may affect your health in the future. Once this is done, speak to a lawyer immediately for advice on the steps to take next.
You lawyer then collects all the information regarding the accident by visiting the scene. This is urgent to avoid evidence from being tampered with. Additionally, any witnesses found at the scene should be interviewed immediately before the memories fade away. It is essential in making a full evaluation of the total amount you can get.
• Length of the claim
These process varies and could take up to several years. It is dependent on a few factors, for example, the number of parties involved, your age and the nature of the injuries caused.
Sometimes, the impact of the injuries caused has to be established over a period so that the right amount of compensation can be calculated. Your doctor should predict any issues that may occur in the future for the claim to be resolved sooner.
Most personal injury lawyers require you to pay for the services rendered once the settlement has taken place. There is a certain percentage that is given to the lawyer from the settled trial. The contingency fee ranges between 15% – 40% depending on how the case is resolved. Such a contingency plan allows for many individuals to access services from personal injury lawyers when involved in such an accident.
• Amount of money to expect
General damages are available to anyone who gets injuries from an accident. In Canada, for example, one can get up to a maximum of $360,00.00 for pain and suffering. It is also possible to claim the future cost of treatment depending on the injuries.
Several factors influence the amount of money that you will collect from injuries related to the accident. According to David Thorn from www.hillsidelaw.ca, these are:
1. Nature of injuries.
2. Cost of medical treatment and other expenses related to the injuries.
3. The course of your medical condition.
4. Your age.
5. Your annual income before the accident.
6. Your current insurance policy and other health benefits.
• Court hearings
Chances are your case will not have to proceed to a court of law. However, you are required to attend an Examination for Discovery. Your lawyer should prepare you for this and accompany you for the examination. Your lawyer should make you for this and accompany you for the test.
Here, each party is under oath as they answer the question to the other party’s lawyer. What everything said in this session is recorded as evidence by a court reporter.