Accident Claim

Looking for a Lawyer for Accident Claim?

There are many circumstances in which you may need to make an accident claim. Where you were one of the drivers involved, it may be straightforward in that your insurance company will in the ordinary situations will step in to handle the claims. However, if you are the pedestrian or passenger, you may have to make your own claim and thus would require a personal injury lawyer.

Should your injuries suffered are minor, filing a claim with your insurance company under your accident plan or motor insurance policy would provide sufficient compensation, hence you may not necessarily need to seek legal representative.

However, injury claims against the opposing insurance company are hardly straightforward. A personal injury lawyer would be very useful in helping to mediate or represent you in court, should the matter be contested or brought to trial. Usually, the matters contested by the amount of claims made for the nature of injuries suffered.

Therefore, hiring a personal injury lawyer even before the start of negotiations would be beneficial to the claimant in resolving the matter as soon as possible, without the need to bring the matter to court.

What does a Personal Injury lawyer do?

Generally, personal injury lawyer would have handled several degrees of cases relating to personal injury claims. Thus, he/she would be equipped with the knowledge and skills to assess, negotiate and secure the appropriate settlement sum, based on the facts and circumstances of your case.

A personal injury lawyer would also handle all legal documents, which otherwise be an enormous burden on the persons making claims for their injury. These documents include but not limited to, write letters to the insurance company or the individual in attempting to negotiate a settlement sum out of court, and filing court papers in necessary.

In the event your case goes to court, a personal injury lawyer would file the complaint, approach expert witnesses, prepare submissions, and appear in court. Such procedures may appear daunting to an untrained person, and having a lawyer would ease the process and much of your stresses.

Furthermore, personal injury lawyers would have access to resources such as private investigators and medical experts. These resources are essential and critical in building a strong case in your insurance / compensation claim. Personal injury lawyers would also have more knowledgeable dealing with insurance companies and hence would be more proficient in dealing with their defences, resistances and disputes.

It is essential and important to consider seeking a personal injury lawyer’s advice, as minor as they may seem, injuries may result in a loss of future earnings or a loss of earning capacity, which can be included in the settlement sum, save there are sufficient evidence to prove it.

In this regard, should you suffer from depression as a result of the incident, your condition may worsen over the years, affecting your capacity or ability to work. Thus, a personal injury lawyer may take into account such possibilities and would be able to advise you if it is worthwhile pursuing a legal course of action and if so, for how much compensation could be claimed.

What need to be disclosed and provided?

Upon engaging a personal injury lawyer to act for you, your lawyer would require you to give the full and frank disclosure of the detail of the case, i.e., when, what, how and where you suffered the injury. The details of the medical facility and the treatment received etc. Also, as witnesses to the incident where you suffered the injuries.

It is vital that you provide all facts to the best of your knowledge, notwithstanding that it may appear disadvantageous to your case. This is in order for the lawyer to provide the most appropriate and accurate advice. A lawyer may decline to take up your case should he/she think that the chances of success are too slim or the legal work produced outweighs the quantum of the claim. In this regard, the personal injury lawyer would first seek to establish liability of the other parties you are claiming against, before assessing the projected quantum of the compensation sum.

Time Barr

Most importantly, the injured party need to know that injury claims are time-sensitive. Generally, legal proceedings for personal injury claims must commence within three (3) years from the date of the accident or from the earliest date the claimant had the requisite knowledge of the cause of action. Failing to do so, will be time barred. The consequences of time-bar are severe, in that the claimant may loses the right to commence legal proceedings.

Other relevant information

• Medical history
• Medical records of the treatments you received to date
• Current medical status
• Insurance coverage, if any
• Past and present employment history

Your personal injury lawyer may also discuss the practical aspects of the case with you, such as the cost of legal fees and the expected duration of the whole process.

It should be noted that there is no fixed procedure for all personal injury cases. Claiming for personal injury is essentially litigation, the manner and form of performing the work varies amongst lawyers.