The Injury Claims Process Simplified

By Author: Samuel Arthur
Total Articles: 340
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Gone are the days when you had to really think hard and worry about approaching lawyers for availing claims and monetary compensation in even of a mishap. With most of the personal injury lawyers working on no win no fees basis, the clients have the opportunity of seeking out legal aid and even compensation which is rightfully due to them.

On approaching the personal injury lawyer you need to provide him with details of the mishap, after which the lawyer could whether it is worthwhile to pursue the injury claim. In case your injury claim is worth processing you will then need to furnish proper details by filling up various forms. On the basis of these forms a Letter of Claim will be sent to the Defendant. This implies you hold the defendant responsible for the cause of the mishap and seek to receive claims on the same from them.

On receiving the Letter of Claim, the defendant or its insurers can acknowledge the same within 21 days of its receipt. After this , they have 3 months to conduct in depth investigations over your accident and its claim.

In case additional information or assistance is required ...
... from your end, the personal injury lawyer may get in touch with you accordingly. In similar fashion if the defendant's lawyers or insurers get in touch with your laywer, you will be notified of the same.

The defendant could accept or deny the claim; what ever is the outcome is clearly visible either before or at the end of the 3 month period. They may even ask for an extension of the 3 month period for further enquiry.

In case the defendant accepts the liability, you will need to furnish medical records and other proofs regarding the injury which will be checked by an independent medical professional who will submit yet another medical report. It is on basis of this medical report that your claim and its compensation will be decided upon.

The acceptance of the compensation so offered will be studied by your personal injury lawyer who will advise you accordingly. In case the compensation is not suitable you could always negotiate for a higher amount. This happens when the defendants or their insurers accept their liability over the injury.

In case they do not accept the liability, your case is further studied upon whether it is strong enough to move the court proceedings or not. If the lawyers find it fit enough to proceed to court, you will need to wait for say 1- 3 years till a final outcome has been reached. During this period, the defendant could even approach you for a final claims settlement, the decision of which again lies in the hands of your injury lawyers and yourself. In case of trial being conducted and you win the claim; the court will announce the damages almost immediately. Only in extremely complicated cases, the compensation amount is announced at a later date which could imply you are entitled to receive the claim.