Thursday, January 19, 2012

How to Claim Compensation for Personal Injury

By Howell Ray


In this fast moving world, everyone is prone to accidents. The personal injuries may be caused due to negligent driving of the third party, or personal negligence like negligence while walking etc. When the injury is caused, it may temporarily or permanently disable the injured. Disability naturally affects the earning capacity of the affected person. In order to make good for the loss of earning, the injured need to be compensated.

When personal injury is caused, the injured has a right to make a claim for compensation. There is a lengthy procedure for making the claim. Therefore, it is always appropriate to approach an attorney or lawyer who is specialized in 'Personal Injury claims'. The injured or a person who has complete knowledge of the facts and circumstances should meet the lawyer.

The lawyer after assessing the facts and circumstances of the case concludes whether there is a prima-facie case for claiming compensation. He would then quantify the claim amount based on various factors like the medical expenses, degree of trauma suffered, loss of revenue as a result of injury, the status of the person, future earning capacity because of accident etc. Based on these facts the lawyer will take necessary steps to make a claim for the compensation.

Normally, the consultation is provided free of cost. Many lawyers work on the principle 'no win, no fee'. However, if the claimant wins the case, then he has to pay the consultation fee for the lawyer. Before taking up the case, the injured will have to sign a contract with the lawyer. The injured has to sign certain papers which will be presented before the authorities by the attorney. Normally, the lawyer will indicate the approximate time required to settle the claim.

Such cases are specialized cases. These cases have received this status because the lawyer will have to evaluate many issues like level of trauma suffered, loss of revenue because of injury and incapacity which require a different approach. The efficiency of the lawyer is also dependant on the injured because he has to provide all the facts of the case, however much insignificant it may appear to be. Only with these facts, the lawyer will be able to make the case strong.

Unfortunately, many people do not take steps to claim compensation through a lawyer. Some are so hesitant that they even do not approach the authorities directly to claim compensation. They are hesitant for the reason that their employer may become hostile and it may cost their job. As a result, they prefer not to claim compensation.




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