Procedures For Claiming Compensation

Compensation is a complex area and is equally complex for your legal representative. For them to achieve a maximum payout they need you to have followed a specific set of guidelines.

Whilst each compensation claim is different, there are similarities. Let’s take personal injury as an example. If you have been involved in a car accident your legal representative needs you to have followed a procedure following the accident. If you choose your own path and do what you think is appropriate, the difference in claim could be 10,000 to 20,000 lower in value.

Your legal representative will know what adds to your claim and what subtracts.

To be successful in any personal injury claim, you have to establish that someone else was to blame for your injury. In other words, you need to prove that someone else was negligent or careless. This person or company is called the Defendant. The Defendant could be your employer; it could be another driver; or it could be the driver of the vehicle in which you were a passenger. It could be an occupier or the person who owns a property where you had an accident, for example, shop premises, school etc.

In addition to proving that someone else is to blame, you also have to prove that an injury resulted from that negligence. This is called causation.

NEGLIGENCE + CAUSATION = LIABILITY

There are several areas relevant to any compensation claim, which can be included within that claim. This is not an exhaustive list and every case will be decided on its merits and on the medical evidence.

First and foremost the compensation for the personal injury itself; this will vary depending on severity.

You can claim for loss of earnings. If you have been off work for any period of time because of your injury and you suffered loss of earnings then these can be included within the claim.

You can claim any other financial expenses as a direct result of your accident. These can include damage to your clothing; any travel expenses you incur going to and from your doctor; or payment for medication. Indeed, any loss which can be directly attributed to your accident can be included within the compensation claim. You need to prove your loss. Keep your receipts.

THE MOST IMPORTANT ASPECT OF COMPENSATION CLAIMS

Your legal representative will need PROOF… Without proof you claim could falter and never get to a result. Should you have a personal injury it is prudent to get it documented by your doctor or hospital. Visit them on the day of any accident, or if not certainly the next day. The severity of any injury obviously needs treatment, so to have no proof via a medical professional your case for compensation will be weak.

The second most important aspect is witnesses; to help substantiate a claim should you efforts for compensation be denied. Although during the event your mind be on other aspects of the incident

OVERVIEW OF COMPENSATION

Your legal representative needs to file a claim against the defendant. This may not necessarily be to the person direct but to their insurance company. More frequently, as personal injury claims increase, the claim can be settled out of court. But this would only happen if your legal representative is happy with the offer.

Court proceedings are necessary if liability for your claim is not accepted, or if the value of your claim cannot be agreed. Court proceedings are also necessary if it has not been possible to reach a settlement before the time limit for your claim expires.

Your claim for compensation could take between 6 to 12 months depending on whether the defendant accepts responsibility. If there is a denial this could extend the claim.

Mr. P. Booker
Personal Injury Compensation Specialist