Personal injury refers to physical or mental injury or illness caused by the negligence of another person. An effective claim for personal injury will result in compensation for the injured party. How personal injury claims work?
Types of injury claims
There are various ways in which a person can be injured and where express lawyers can help you make a claim:
- Road accidents – are you a driver, pedestrian, cyclist, motorcyclist or passenger
- Workplace injuries – these include work-related illnesses
- Defective goods or services
- Medical neglect – hospital errors or treatment errors
- Stumble, trip or fall in a public place
- Holiday accidents
- Accidents at home
- Accidents involving animals – such as dog bites or horse riding
- Injuries resulting from crime such as assault
There are various time limits within which you must commence legal proceedings for a personal injury claim. If you want to claim compensation, you should seek legal advice immediately.
Negligence is the most common claim in a personal injury case, with a deadline of three years. This means that legal proceedings must be instituted within three years of becoming aware of injuries.
In some cases, the court may decide to extend the time limit, depending on the circumstances of the case.
Protocols before action
After the appointment of a representative, the next step is the so-called “recovery protocols”, which are a set procedure. Once the third party has been identified, a “claim letter” will be sent detailing exactly what happened to the claimant and any injuries sustained (both mental and physical), as long as they can be assessed at this time.
The third party has 21 days to respond and confirm the “lawsuit” – it can be directly the company / individual, their lawyers or insurance company. The vast majority of claims will be transferred to the defendant’s insurance company and will probably deal with the claim on their behalf. After a preliminary response, the defendant has a three-month period within 21 days during which he can use the claim to examine the claim in more detail. At the end of this period, they will have to confirm whether they accept or deny legal liability.
Not informing the medical expert about all symptoms
Another bane of personal injury lawyer’s work. If your lawyer sends you to a medical expert and you don’t tell your doctor about all your symptoms, you are unlikely to be able to change the resulting report. Medical reports are key to personal injury claims. Reports document your injuries and your chances of recovery. You can’t rely on the doctor asking the right questions and extracting all the information about your injuries. Don’t be afraid of doctors. If the doctor does not ask you something and you think it is important, provide information. If your injuries are not listed in the medical report, it is unlikely that you will receive compensation.
You can also see a medical expert as a second opinion on injuries. This is a great opportunity to find out what an expert thinks about your injuries, usually for free!