Personal accidents can cause both physical and mental trauma. Rather than trying to sail through life without worrying about any health issues, it is best to consider the possibility of personal accidents. Personal accidents can be as minute as falling on a wet floor or as severe as losing a part of your body due to a major accident. Obviously, some accidents can potentially be life- altering.
That is why it is best to consider personal accident life insurance. Over three million people are injured in some way or another every year. Injury can occur at home or the outdoors, in the car or while you are at work. In a large majority of the cases, somebody else is usually to blame for the injury. This means that the victim of the accident is due compensation.
Now, even though the laws governing personal injuries are pretty complex, you can get due compensation with the help of a personal injury solicitor. RussellWorthSolicitors are some of the finest personal injury solicitors in the UK. If you have received a personal injury due to the actions of somebody else, the firm can help you get your due compensation. However, the first step is to decide whether your claim is justified or not. Here are some easy to understand tips for personal accident claims:
A Good Solicitor
Let’s assume that you have received a personal injury. How do you file a claim for it? The first step is to hire a good solicitor that specializes in cases pertaining to personal injury. Hiring a personal injury lawyer can significantly boost your chances of success as compared to a standard lawyer. As the name suggests, personal injury lawyers specialize only in dealing with personal injury claims. They can significantly improve your chances of success. However, before you hire one, there are several things that you must consider.
For starters, make sure that the solicitor you hire has a good reputation. Check out his track record and talk to ex- clients to find out how the lawyer deals with his/her clients. If they have a good track record, it’ll make it easier for you to trust them. You’ll know that your claim is being put in capable hands. You will also have to consider the fees. Some lawyers charge a basic fee, regardless of whether you win the case or not. However, many lawyers don’t charge any fee if the case is lost. Such lawyers usually only take up the case if they feel that the claim is strong. If you win the case, a percentage of the total compensation amount is paid as fee to the lawyer.
What’s the Process?
Once you have decided which solicitor you will hire, the next step is to make your claim and get an expert’s opinion. Talk to the solicitor and ask them about the next step. If they feel that the claim holds weight, your solicitor will send a letter to the person/ company at fault and hold them legally responsible for the injury. All the details of the injury and the accident will be mentioned in the letter.
In case the solicitor requires the opinion of an expert, it will also be included in this letter. For instance, many solicitors ask their clients to back their claims with an official doctor’s report. This report will also be attached to the letter in order to add credibility. The solicitor might even suggest a specialist on their own.
The defendant has a fixed period of time to reply to the letter. As per the UK law, this period cannot exceed three months. Depending upon the severity of the injury, the period is usually shorter. Now, it is up to the defendant to accept liability for the injury, or to deny it.
Out of Court or in Court?
If the defendant (party at fault) denies the charges, the matter is likely to be settled in court. The solicitor will probably prepare you for all the questions and answers that you will be asked in the court, and generally try to increase the chances of success as much as possible. Evidence will be gathered and presented before the judge. Going to court is a tedious process, and can last for a long time.
On the other hand, if the defendant accepts liability for the injury, the solicitor will try to settle the matter out of court. This is a much easier option, and solicitors usually prefer it. One of the main reasons for this is the fact that out of court settlements are relatively quick. If your claim is strong and based on verifiable facts, there is a very high chance that the defendant will accept liability.
The Offer
Once your claim has been filed, your solicitor will tell you the likely value of your claim. While this is not a confirmed amount, personal injury solicitors have lots of experience regarding different types of accidents and can provide a reliable estimate. They will also ask you about the amount of compensation that you hope to get from the claim and whether it is possible or not. At this point, your solicitor will also ask you whether you want to settle for a Part 36 offer. A Part 36 offer is basically an offer that is made by your side, indicating that you will settle for a certain amount (specified by you, the plaintiff).
Settlement by Court
It is important to note that the offer cannot be unrealistic. The law requires that the severity of the damages be relative to the severity of the injury. Hence, you can’t expect to make thousands of dollars for taking a tumble on a wet floor without a “caution” sign displayed. If you are unable to come to a fair settlement out of court, the solicitor will ask you to initiate legal action against the defendant. If the defendant still denies their part in the accident, you can challenge them in court. In this case, the court will decide.
