Accidents are unforeseen occurrences that may rob us of our physical and emotional well-being. Fortunately,it is possible to get compensated through a personal injury claim.
Personal injury is defined as any physical injury or ailment caused to someone because of the negligence of another person. It also refers to any psychological trauma (which may totally affect a person’s normal living) that may result from such carelessness. Any person who goes through such an experience is liable for compensation by the party that caused the trauma or injury.
Steps of the Personal Injury Claim Process
The affected victim should visit a personal injury claim lawyer. A personal injury will be able to take the victim through the various types of claims that can be made. Generally,personal injury compensation can be claimed on harm brought by faulty goods or services,accidents in a public place,medical negligence,workplace injuries,and road accidents. One can also lay claims if they are injured due to criminal offenses or accidents that involve animals (such as dog bites).
2. Filing a Court Claim
When the lawyer agrees to represent the victim,they will file a personal injury suit on behalf of the victim. The victim then becomes the plaintiff while the sued party is the defendant. As the plaintiff,you will describe the accident involved in and the nature of injuries suffered. You will also state the compensation you are looking for then the defendant will give their answer to your claim.
At this stage,both parties represent their evidence to the court. In addition,both parties will also send interrogatories to each other and thereafter take sworn statements before a motion hearing. Third party professionals such as a medical and accident reconstruction experts may be called in to assist with the investigation.
4. Pre-Trial Hearing
A motion is put forward by the victim’s lawyer to urge the defendant to provide their evidence. This is also the stage where compensation may be decided outside court.
If both parties are not able to reach an agreement outside court,the motion is then pushed to court. Here,the jury will decide if the defendant has a case against the defendant. If he or she is liable for compensation,the jury decides how much compensation is to be made.
At this stage,the plaintiff’s lawyer arranges to collect compensation from the defendant. If the defendant was not happy with the ruling,they have the right to file for a post-motion hearing.
A good percentage of cases that follow the right steps of the personal injury claim process end up with the victim receiving compensation. To boost your chances of getting compensation,always involve a go to court for a serious injury who is experienced in personal injury claims.