Personal Injury Claims
Personal Injury Claims
There are several good reasons why people who have been injured in an accident for which they are not at fault should pursue personal injury claims. The obvious one is to seek financial recompense against the party that has caused them an injury due to negligence or a lack of care - in some cases personal injury claims settlements can make the difference between a catastrophically injured person enjoying any quality of life after being injured in an accident for which they were not to blame or none at all.
Furthermore, if that catastrophically injured person was the main income earner for a family, personal injury claims settlements can ensure financial security for their family that otherwise would have been taken away from them. Although no amount of money can ever truly compensate for a loss or injury which could have been avoided with due care and attention, personal injury claims are there as a financial safety net for innocent victims to rely on at a time when their main concern should be healing from their injuries.
Personal Injury Claims Breed Responsibility
Furthermore there is a lot of media attention whenever extreme health and safety measures are employed by public authorities — usually negative. These health and safety measures are introduced because the person or persons with a duty of care not only wants to ensure that people have a safe environment in which to work, rest or play; but also that they themselves do not become the target of personal injury claims. The fact that personal injury claims exist have a dual purpose in these circumstance and people against whom personal injury claims are made tend to be more careful in the future — potentially saving somebody else from the pain and suffering experienced in an injury.
This is never truer than in the workplace — where an employer´s failure to adhere to health and safety regulations can put hundreds of lives at risk each day — or in the medical profession, where possibly a medical practitioner has developed a lethargic attitude to those patients to which he owes a duty of care. Most motorists who had personal injury claims made against them would pay more attention to their driving if they had be found responsible for an injury to another road user, and business owners may put people before profits if their premises were found to place their customers at peril.
Qualifying for Personal Injury Claims
Open the papers or surf the news on the Internet to find many examples of personal injury claims. People are injured in all walks of life at all times of the day or night — most commonly in Road Traffic Collisions — and provided that a quantifiable injury has been sustained, and there is evidence to suggest that the injury was due to the negligence of a third party, the victim is entitled to make personal injury claims for compensation.
Determining how much compensation people should receive for their injuries can only be done after the victim has had a full assessment by an experienced personal injury claims solicitor — as the solicitor will be familiar with recent personal injury claims settlements for similar injuries as well as being able to provide advice about what compensation the victim may be entitled to for loss of amenity, psychological injury and whether they qualify for special damages.
Issues and Complications with Personal Injury Claims
A personal injury claims solicitor will also be able to assist with claims where the issue of negligence is disputed, or where personal injury claims are complicated by the closure of a business, an uninsured driver or when injuries have been sustained by children who need a “litigation friend” to have personal injury claims settlements approved in court.
In cases where insurances companies have made an offer of early settlement in lieu of personal injury claims, a solicitor can advise whether it is appropriate to a victim´s entitlement and negotiate on the victim´s behalf if not — litigating on their behalf if a suitable offer is not forthcoming from the negligent party´s insurance company.
Who Pays for Personal Injury Claims
Inasmuch as insurance companies are liable for the payment of personal injury claims made against their clients, paying to make personal injury claims is frequently left to the victim. Damages against a liable party for a minor injury can often be pursued privately or through a small claims court, however most people are now tending to take advantage of “No Win, No Fee” personal injury claims solicitors prepared to represent them without upfront payment.
“No Win, No Fee” personal injury claims have conditions attached to them which each claimant should be aware of before entering into such an agreement and therefore, whenever you feel that you may be entitled to make personal injury claims due to somebody else´s lack of care, it is always in your best interests to discuss your claim in depth with a personal injury claims solicitor.