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Compensation Claims
Your personal injury solicitor will review with
you the details of your personal injury compensation claim and advise you as to what you will
want to do.
 Your personal injury solicitor will
listen to your personal injury details. When the solicitor gets all the facts,
he or she will advise
you on the strengths of your personal injury case claim. Your solicitor has
experience in these matters and is knowledgeable about the courts and current
practices for compensation awards.
What Type of Injury Compensation Can You Receive?
After reviewing your personal
injury case claim your solicitor will advise you on the ability to pursue your case in
a court of law. The personal injury solicitor will be retained by you to represent you in court
and will present your case. Your solicitor is not able to tell you the
approximate amount of your award if you win. Only the judge can assess the
amount you may be awarded of your personal injury case in a court of law.
You may be eligible two types of personal injury compensation
awards:
-
Earnings Reimbursement: This type of personal injury compensation award is for your loss of earnings.
Included in this personal injury award are reimbursement for financial expenses
you suffered from your personal injury
-
Damage Settlements: This type of personal injury compensation is for your
financial problems you sustained as a result of the permanent damage to you,
your body, your earning potential and your illness.
Personal Injury Awards and Personal Injury Settlement Amounts
Why you may
decide to settle and not go to court over personal injury case:
Personal Injury Solicitors
may settle with the insurance company representing the other party. This is to
prevent the social and economic problems due to bad press and the additional
expense of a court case for both you and for the other party. Many times the
personal injury solicitors of both sides will meet and decide what is an acceptable amount of
money to stop the case from going to court. Both solicitors will do their best
to represent the best interests of their own clients. When a personal injury settlement
agreement fails outside of court the only alternative is to continue to process
your case in a court of law.
Why you may have
to go to court over your personal injury case:
Generally, when an
amiable personal injury settlement agreement is not reached your personal injury
solicitor will proceed to submit your case to the personal injury court system
and a court hearing will occur to try or hear your personal injury case. Your
personal injury solicitor or lawyer will start work on your case. The work
involves researching your personal injury claim, finding and authenticating
materials to appear in the court case. Your solicitor or lawyer will obtain
expert witnesses to verify the extent of your injuries and will create documents
to verify your claim.
A large drawback of
going to court is that the case will require you to answer many personal and
possibly embarrassing details about your life, your accident or work place,
family information and many other facts which you may feel are not pertinent to
the case.
Why you may have
to answer intimate and very personal questions about your personal injury case:
Personal questions
about how your body works, what it can not do now which you could before may
embarrass you but are required if the solicitor needs this information to do the
best job they can in representing you. You need to be prepared in advance to
tolerate and answer honestly under oath many personal questions about your
injury. Settling out of court may be a better solution for you if this is beyond
your ability to endure.
How Long Do I Have To File
a Personal Injury Claim?
 When
filing a personal injury claim, most courts allow three years for the filing of
a petition to have a court hearing from the date of the accident. This time from
the date of the occurrence of the accident to the date you need to file in order
to be eligible for a compensation claim is called the limitation period.
If you have a child that is also
involved in a personal injury claim, where the child was injured, the child
personal injury claim limitation period starts at the child's 18th birthday. The
child has three years after their 18th birthday to file a claim for
compensation. The application for the start of the processing of the claim and
the initial court hearing can be anytime before the child's 21st birth date.
Many people do not make a claim on
behalf of a child if they are involved in an accident since the child would be
involved in the court case. That is up to the discretion of the parent. The
child may file for claim if they were injured according to the information
posted above.
Be sure to find an approved and licensed injury
solicitor or injury lawyer and ask for references before selecting the solicitor
or lawyer that will present your personal injury case.
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