A personal injury is defined as either a physical or psychological illness or injury caused by someone or something, to your person. It can vary in type and will usually be an injury which you can claim some sort of compensation for in the long term.
If you want to make a personal injury claim for an accident you’ve been involved in, you will first need to establish whether or not it was your fault or someone else’s. If it was your own fault you will not be entitled to anything however if someone else was responsible for it, you will be able to push forward with a claim. You will need to provide the details of the other person or company along with a detailed account of your accident. The level of compensation that you will receive will depend on the fault which lies in the other party, the severity of the injury and the losses you have incurred due to the incident.
Most of the time when you are looking to make a claim for an injury you have sustained there will be a time limit of 3 years from the day of the accident. You will then need to find out How to choose the right personal injury lawyer for you, what forms and documents you will need to fill out, and how much you will have to pay for their legal services.
What should you do first?
When you are caught up in an accident and hurt yourself, the first thing you will need to do is to check your health. Make sure that you can move, check your body for any abrasions, lacerations or bruises, and figure out whether anything is broken. Once you have given yourself the once over and you know where your injuries lie, depending on the severity of your injuries you will need to ring 911, or get someone else to do it for you. Once you have been to the hospital and had a once over, you can look to start thinking about the next steps in your claim:
-make sure you collect any evidence you can to prove that the accident was not your fault. You may want to either take some photos of the scene, or if you cannot, get someone else to do it for you. This will be incredibly helpful for you when you come to take legal action. For example if you have tripped and fallen on a public road, you can take photos of uneven paving or potholes which the council should have fixed.
- Write down in as much detail everything you can remember from the accident, as well as everything which has happened since. You will want a record of all hospital visits, medical bills, lost wages and other expenses you have had to pay out.
- Record the names of any witnesses who saw the accident or who came to your aid as you were injured. Make sure you have contact information for them so they can be contacted.
- Take notes of the conversations you have with anyone else who has been involved in the accident.
- Make sure to notify the other party that you are planning to take action
Is there a time limit for telling the other party?
If you do want to make a claim against someone for an injury you have sustained, there is no time limit for when you have to tell them, however it would be better if you let them know fairly early on. By acting quickly with your claim and pushing forward as soon as you are able, you are more likely to resolve the claim. If you wait for a long time the judge may question why it has taken you so long to bother claiming for the injury.
Even if you don’t end up filing a lawsuit against another party for their part in your injury, it is helpful to let them know that you intend to. This is because it will preserve your rights and will make sure that you may proceed with sorting out your claim without being rushed by the other party.
Is there a time limit for making a claim?
There is. As we said above, the general time limit for the making of a claim is 3 years. Settling a personal injury claim can be a long process and will take a long time for things to go through the appropriate authorities. This is why ideally you will want to start making your claim and setting things in motion as soon as you can after the accident occurs. If you don’t claim within a timely manner, it means that the chances of you gaining any benefit from your claim is slim. The time you have for a lawsuit will depend on the type of lawsuit it is, but you will need to find out from a lawyer or do your research online to see what your specific limit is. By starting your claim early you will be much more likely to get it settled in the time frame and gain the compensation which you deserve for the suffering and losses you have endured due to injury.
How soon should I file a claim against the government?
If the unusual event occurs where you are going to be claiming for damages against the government rather than a company or individual, the time is more limited in which you can make a claim for it. The time depending on the type of case can vary from between 1 month to 1 year. This is significantly lower than the others and because of this is can be hard to make your claim in time if your injury is severe. With these claims it is more crucial than ever to act if you want to claim for compensation against the government, and get your case as watertight as you can to increase your chances of winning the case and bringing home the money you deserve.
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