What you need to know to file a personal injury claim

Many people avoid making an injury claim after an accident. They see it as an intimidating and complex process. Some of the challenges may stem from the fact that the case started on the wrong footing. Are you confused about how to make a personal injury claim? Do you have reservations about getting a personal injury attorney to handle your case? This article helps allay those fears by explaining the injury claim process in very simple terms. keep reading

Make an injury claim

How long do you have to file a personal injury claim? The 1980 Limitation Act stipulates a 3-year time limit for filing a claim or for the process to have been started in a court of law. The reality of the matter is that the sooner you make your claim, the better. First, the presentation of evidence will remain fresh and the key statements will be more accurate. Second, you will have easy access to company health insurance to avoid personal costs.

It is integral to get a work injury lawyer and file a claim as soon as possible. Most claims are resolved within months, with only a small percentage reaching trial. Avoid a lengthy trial by hiring a work injury lawyer who understands your case and is able to do whatever it takes to ensure that you get early compensation. It is also important to sign a ‘No Win, No Fee’ conditional agreement in which you do not pay the lawyer, if you do not receive compensation.

The responsible party

You do not make an injury claim on your own. You have a legal representative who does this on your behalf. Similarly, your company will not deal directly with your lawyer. They go through their insurers negotiating with their attorney and ultimately deciding whether compensation should be paid or not.

The procedure

All claims are aware of the ‘Personal Injury Protocol’ with rules set for personal injury lawyers and insurers. Both parties are expected to abide by this procedure and act fairly. A ‘claim letter’ is sent to insurers with 90 days for the company to admit or deny fault in the personal injury incident.

medical scrutiny

To prove the authenticity of your injuries, you would need a medical evaluation. This could be an independent doctor or one recommended by insurers. The doctor gives you a report on your injuries with a confirmation of the extent and rate of recovery.

Compensation

With the air of authenticity about your injury claim cleared, insurers decide the level of compensation. Your work injury lawyer acts as a conduit between you and the insurers, giving them insight into the compensation you deserve. If this is communicated effectively, an agreement is reached. If this is not the case, your injury claim could go to court.