What is a Personal Injury* Claim?
In a personal injury *, medical negligence or a motor accident claim which in legal terminology are known as tort claims, then compensation may be awarded for the pain and suffering resulting from the accident. Compensation may also be awarded for any loss in the quality of life as well as for earnings due to any past current and future loss of earnings. Compensation may also be awarded for the cost of medical care, including home care both past current and in the future as well as out of pocket expenses.
Personal injury* claims calculators are used to see what the total possible amount of a settlement could be. The claims calculator will give a very basic figure as a best estimate. While the injuries board and or the court will decide exactly how much will be awarded in the case, the calculator asks a series of questions to answer and with the answers it bases a number or number range. Depending on the calculator it can determine what damages would be at, as well. It should not be used for an accurate amount due to the fact that during the litigation there will be different evidence submitted that can influence the claim one way or the other.
If you are unfortunate enough to be involved in a road traffic accident, which was not your fault, then you should call us immediately for advice on how to proceed. This may or may not be practical because of your injuries for you to commence yourself but those close to you can make a start by getting accident and witness reports along with medical statements.
If, however, you are a passenger, involved in an accident your personal injury claim would be made against either the driver of the vehicle you were travelling in or the third party driver or in some cases both.
If you are on foot then you would claim against the driver of the car, bus, motor bike who caused the accident.
How much do you get for a Personal injury* claim?
In any personal injury* case, monetary compensation is paid to the injured person by the person or company who is found to be legally responsible for the accident, normally the defendant or his insurance company. An award for damages can be agreed upon after a negotiated settlement between the parties, their insurance companies, and their solicitors. Or damages may be ordered by a judge or jury following a court trial. As to how much we refer you to the above paragraph on the claims calculator, although this is just an indication of the amount.
After the first meeting with a solicitor in your area, you then decide that you wish them to represent you in your personal accident claim.
You will receive your compensation either when an injury settlement with the defendant happens or when the court rules in your favour.
How long are the Personal injury time limits?
The first time limit to consider is that generally speaking you have two years in which to file a personal injury claim. The one exception is if the personal concerned is a minor, in other words under the age of eighteen.
How long will a claim take? Solicitors work very fast and as efficiently as possible, but the claims process takes time. If you are injured in a minor way and you heal quickly then a fair assessment can be made quickly in which case it may take only a matter of months. However, if you are more seriously injured and time is needed to see what treatment may have an effect on your health in order to evaluate your long term quality of life may take longer.Solicitors strongly advise against going for hasty settlements as they are rarely in your best interests.
Call us now on 01 524 0606 to discuss with a referred solicitor.