Personal injury claimsAn injury to the body, mind or emotions, as opposed to an injury to property.
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If you suffer accidental personal injury or damages due to another person's actions, that person or business is legally responsible (liable) and can be required to pay compensation.
When assessing who is responsible the court looks for negligence (carelessness) by one of the parties involved. Whoever is considered to have been less careful (i.e. more negligent), is deemed to be legally responsible for at least part of the damages incurred.
Compensation is generally awarded based on the strength of your evidence which should be supported by documentation i.e. medical evidence and degree of injury.
The Insurance companies who normally defend such cases are willing to settle with you directly however in many instances they may not offer you the full value of your claim.
If you have sustained personal injury as a result of another party's negligence and that party has adequate insurance or personal financial means,
you can bring a claim against that party which may result in your recovering damages to include reimbursing you for your medical treatment, lost income, and for your pain and suffering.
WARNING - You must be aware of something called Third Party Capture. This is basically a step that is taken by the insurance company to settle your claim directly with you. This provides an opportunity for the insurers to make a financial gain by under settling your claim. If you do nothing else please contact us so that we can help you by researching the true value of your claim. Once you have signed the insurers agreement that you accept their offer in full and final settlement of your claim you cannot go back at a later date and request an increased payment.
We can help you in a number of ways with a Personal Injury Claim.
- Preparing and issuing a Claim, Statement of Claim and accompanying documents on your behalf
- Preparing and lodging a Defence etc at the Courts on your behalf
- Preparing applications i.e. an application for pre disclosure of documents
- Checking documents that you have prepared to ensure that they are in the correct format
- Researching and providing case law in respect of the actual value of your claim, if you have been offered a settlement amount
- Researching the value of the claim if you wish to make an offer to settle the claim
- Preparing proposed Directions (a timetable) which will provide a timescale of how your case is to be conducted, this is normally lodged with the Court when you return the Allocation Questionnaire
- Attending upon Case Management conferences (these are hearings which are conducted with yourself a Judge and the Defendant's representative). At this hearing the Judge will consider your reasons for requesting the timescale you have submitted in your proposed directions especially if your suggestions are substantially different to the Defendant's suggestions. Having considered both yours and the Defendant's arguments the Judge will order a time table by which the case will be conducted i.e. the dates that List of Documents, Statements and updated Schedule of Special Damages etc have to be exchanged with the other side and filed at Court
- Preparing Lists of Documents which will be required by the Court
- Preparing both yours and your witnesses Statement in support of your claim
- Updating your Schedule of Claim
- Preparing the Listing documentation, If the matter does not settle we can assist by helping you to
- Preparing and checking bundles prior to the trial date
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