Making A Personal Injury Claim
You are entitled to compensation if you sustain an injury at the workplace or a public space due to negligence. This means you can lodge a personal injury claim. The following is a guide on how you should go about claiming a personal injury.
Report the injury to the relevant authority
The first step is crucial, report the accident to the relevant authority or person. Give details about the crash and give notification about the injury sustained. If you are involved in a motor accident report to the police and obtain the relevant reporting documentation.
Seek medical advice
Next pay your doctor a visit for assessment and to get a medical and diagnostic report. These reports from the doctors serve as evidence to support your claim. Consult your personal doctor or any other qualified and certified medical professional and request they provide a comprehensive report.
Consult a personal injury attorney and other relevant experts
Seek advice from a specialist on matters of personal injury on how to proceed, what you are required to do and the duration of the process. In some instances, it is advisable first to contact your injury attorneys as the nature of the personal injury may affect the value of your claim. This may mean that you will have to alter how you file your claim.
Before filing a compensation claim, the following facts should be assessed by your personal injury lawyer, medical experts, and other relevant experts as they will guide the compensation that you receive;
a) The suffering, pain and side effects that you experienced as a result of the injury
b) The forecast on the conditions you are likely to experience in the course of recovery. This includes detailing whether you will need any specialized treatment or rehabilitation in future periods as a consequence of the injury suffered.
c) The estimated loss in earnings in the present and in future. An injury may leave you unable to do perform specific job tasks or completely unable to work. The present loss in earnings will be related to profits lost during recovery.
d) Costs incurred due to the accident
Lodge your claim
Consequently, proceed to file a compensation claim with the relevant authority. Make sure that the compensation claim is lodged in the right way and that all the relevant documents are attached. Use the specified format for lodging an application in the particular domain area. For example, if you are lodging a complaint with an insurance company of a motor vehicle at fault for causing personal injury to you, use the format prescribed by that insurance company. Makes sure you disclose all the facts when lodging the compensation claim to avoid your application being rejected. It is also important to adhere to the maximum legal and statutory time frame given for filing your claim. Lodge your complaint within the stipulated time frame in the law to avoid your application being time-barred.
A personal injury claim settlement time frame depends on the injury suffered. If it is not that major, you can expect to receive compensation in six months. In case of an injury leading to a complex life-changing condition the claim settlement may take longer. The timescale will depend on your recovery, as it only after recovery that a prognosis about the effects of the injury can be properly done. If your claim is rejected, you can explore alternative options with your personal injury lawyers. Claims are usually rejected for failure to disclose facts, wrongful disclosure or partial disclosure.
In conclusion, claiming personal injury is a complicated process. To navigate successfully, always make sure to use a private claims lawyer and other experts to ensure your claim is successful. Every application is usually different, thus be prepared for uncertainty related to the amount of the form you will receive.