It is important to understand what a personal injury claim is, and it is a course of legal action one can take if you have experienced an accident that has caused you harm. This formal legal action taken against another person seeks to retrieve compensation from the other person who is culpable for causing you harm. Most personal injury claims are made using a no win no fee agreement where if you are not successful in your claim then you will not have to provide any upfront costs.
Cases eligible for a personal injury claim include: if you were injured within the last three years, if the injury you had caused you to suffer financially, as well and if the injury was caused in part or in whole by another party. Injuries usually come when they are least expected, and many may find themselves unprepared. This article will discuss the more common types of personal injury claims as there are different kinds of accidents. And, after you’re done with this article, check out this link for Claims advice in Dublin.
What types of accidents and personal injuries can I claim for?
Road Traffic Accidents (RTA)
First would be Road Traffic Accidents or also known as RTA. Car accidents usually result in vehicle damage and those are typically covered by car insurance policies. However, although the cost of material repairs may be covered it is not the only loss one might suffer from a traffic-related incident. Insurance claims typically do not cover any lost earnings and or stress caused by the accident.
Accidents at work
Another type of accident that is common is workplace incidents. As an employee, your employer is responsible for ensuring a safe working environment for its workers. Even if the job presents high risks, the employer must provide the necessary training and equipment to keep its employees safe. At high risk working environments such as construction sites, personal protective equipment must be provided.
Workplace accidents are particularly stressful as it affects one financially as well. When you suffer a workplace accident you should be focused on recovering but worrying about your financial status can hinder that. This is where personal injury claims can come in useful to alleviate such stress.
Slips, trips, and falls
A commonly overlooked type of accident would be slips, trips or falls. Although it might sound minor or trivial, slips and falls can lead to serious injuries such as spinal or brain-related injuries. In certain circumstances, the person in charge of the location you had your injury would be responsible for maintaining that location and if they were found culpable then you could submit a claim for injury compensation.
Another type of accident would be medical negligence and you will be able to make a claim if you discover that there was a failure to diagnose or misdiagnosis that worsens your current health. A mistake during surgery or wrong prescription will give you grounds to seek a medical negligence claim.
How does the personal injury claims process work?
If you think that you fall within any category of incident as stated above, then you should proceed with making a personal injury claim. You should begin by consulting legally trained advisors so that they are able to advise the best course of action. Once you have ascertained that you have legal grounds to pursue the claim then you can proceed with confidence. This would be your first step in the process which is assessment.
Next, you would require further consultation to gather all relevant evidence such as photographs and medical records. The solicitor would then proceed by submitting your claim and evidence to the other party, also known as the defendant. This will act as a formal notice to the other party that you are taking action against them.
The next step is negotiation where the other party will take responsibility or deny accountability for the incident. Although a hearing before a judge is rare, this could happen if both parties cannot reach an agreement.
The last step is concluded when the claim is settled, and the solicitor is paid from the compensated amount.
What makes a successful personal injury claim?
It is important that there is complete honesty and transparency throughout the process as it can lead to the person making the claim being found dishonest. In the event that happens, the solicitor can charge for the time they have spent and in worse case scenarios lead to contempt of court proceedings.
There are four criteria for the solicitor to prove to make a successful claim. They are duty, breach, causation and damages:
- Duty ascertains if the other party is responsible for your well-being in those circumstances in which the accident happened.
- Breach examines if the other party’s actions or inactions led to your injury.
- Causation will determine if there is a credible link between the action or inaction and the eventual outcome.
- Damages look at how you suffered as a result of your injury.
How much compensation might I receive?
When it comes to determining how much compensation one might receive is difficult to estimate as it boils down to unique circumstances. There are two types of compensation.
General damages are given in situations where the pain you suffered impacted your life. Whereas special damages are paid out for any financial damages that occurred due to the accident.
Personal injury claims can vary in how long they will take to go through. The greater the complexity of the case the longer the case will take. This can vary from weeks to even years.
There is an expiry date on which you can make a claim. All claims must be made within three years from the date of the incident. However, there are some exceptions such as if the person making the claim is suffering from a brain injury.
Filing a personal injury claim isn’t as daunting and stressful as one might think. To ensure a successful personal injury claim it is thus important to collect as much information as you can. Details include the name and contact details of everyone involved.
If there is a road accident, then you should write down the registration numbers of the vehicles involved. It is imperative to stay organized with all the details and dates so that when it is necessary you are able to provide them.