Making A Personal Injury Claim – Understanding the Ins and Outs

If you get injured, you should contact a personal injury lawyer as soon as you feel able to do so after the accident while things are fresh in your mind. 

Usually, the most common cases that personal injury lawyers see include road traffic accidents, accidents at work, accidents at work trips, dog bites, trip and fall accidents – and generally any type of accident that may lead to a claim – depending on who is at fault. 

How Can A Personal Injury Lawyer Help

If you take your claim to a lawyer, a personal injury lawyer, in particular, they will guide you through the litigation process, take away the stress from you, and point you in the right direction in terms of what sort of rehabilitation you might need.

On that note, a personal injury claim is not only a question of compensation – but – for many people – they are looking for more than compensation. 

What Are the Types of Damages in a Personal Injury Claim?

Usually, there are two types of damages when making a claim: the claim for pain and suffering and loss of amenity, which is the potential damages and compensation you receive for the injury. There is also a second type of damages, which is categorized as special damages, where you are put back in the position where you would have been if the accident hadn’t happened. 

In the second case, there will be reimbursed expenses, loss of earnings, and any out-of-pocket expenditure that you have been put to as a result of the injury. 

Three Biggest Mistakes to Avoid when Filing a Claim 

Making mistakes when navigating the compensation system is quite common. On that note, you should know about some of the most common mistakes so you can avoid costly errors. 

When you sustain a personal injury, your primary focus should be to get better instead of trying to run your own claims, as it might result in costing you hundreds or thousands of dollars of compensation that you are otherwise entitled to.

Not only can something like this hurt you financially, but it can also jeopardize your ability to receive necessary medical treatment. 

Mistake #1: Failing to Get a Doctor’s Assessment 

The first mistake that people make is the failure to get a full head-to-toe assessment from their doctor. This potential mistake can see legitimate secondary injuries sustained in an accident go undetected. Resultantly, you can miss out on the much-needed compensation that you are entitled to.

Often, people face this mistake when they are not speaking up or because their doctor’s attention is focused on the main injuries at the time. It is also possible that you may sustain further injuries many months after the original incident.

For example, you might have settled a personal injury claim if you sustained a significant knee injury at your workplace. You might develop a limp over the following months to the point where you opt for a full head-to-toe assessment to discover that you have sustained considerable damage to your hip and back. 

In this case, you won’t be able to claim compensation for those potential body parts, but also you might not get the treatment you need to recover. 

Mistake# 2: Accepting a Quick Settlement Offer 

Another mistake that people with personal injury claims make is the mistake of accepting a quick settlement offer from an insurer without consulting their personal injury lawyer. You should remember that personal injury claims are difficult and complex.

The insurer doesn’t have your best interest in their heart which is why it is their primary aim to try to minimize the amount of compensation they pay out to you. More often than not – the insurer’s first and second offers can be quite low. The reason is that, at this point, the insurer is gauging whether or not you are willing to accept their offer. 

If you find yourself in such a scenario, your best way to deal with it is to get in touch with a team of experienced injury lawyers so that you can get legal advice and the much-needed guidance you need to make the right decision in such a situation.

Mistake# 3: Assuming All Personal Injury Lawyers Are Similar

Also, you will want to avoid the mistake of assuming that all personal injury lawyers are the same. This mistake can become the most costly assumption or mistake a person can make. 

When it comes to personal injury claims, there are loads of specialists out there – but – not many injury lawyers will be willing to give you the kind of care that you deserve. On that note, in order to help you claim all that you are entitled to – the personal injury attorney should be willing to get to know you and how the injury has, in particular, impacted your life and the lives of your loved ones who are closest to you. 

If you are generally unsure about your potential personal injury claim, talk to a personal injury lawyer; the consultation is usually for free, and you will soon know what your best choices and chances are. 

Your Personal Injury Case Can Get Settled Before Going to Court 

When it comes to personal injury claims, the claims can be settled in court, but they can also be settled before going to court. It all comes down to the nature, complexity, and value of the personal injury claim and whether or not it needs to go to court. 

Usually, personal injury lawyers advise their clients to allow for at least six to nine months to assume. The underlying reason is that the lawyer has to wait for medical evidence. It can be dangerous to try and set a claim too soon.

Some cases, however, can settle very quickly – however – for the majority of personal injury cases, it is advised to let nine months pass before settling. 

You should know that there are quite a few initial steps to be taken in order to preserve the evidence to determine who is at fault for the injury or the accident

. Once you have all your reports and evidence, you can then decide whether to proceed with a claim and how much compensation you will be entitled to receive.