A personal injury claim is a tort claim (a civil wrong by one person upon another, causing loss or harm resulting in legal liability for the one who caused the harm or tortious act, the tortfeasor). This personal injury claim has two facets to it, liability and damages. What are the damages suffered by the plaintiff, and is the defendant liable for these damages. The lawsuit is filed in a civil court by the plaintiff alleging that his injury was caused by the negligence of another.
A personal injury lawyer takes his client’s case to court as explained above, if it cannot be settled amicably out of court.
What are the different kinds of personal injury?
· Car accident cases
· Medical malpractice
· Defamation like libel and slander
· Slip and Fall cases
· Dog bites by pet dogs
· Assault and Battery and other intentional acts. (These have criminal lawsuits filed parallelly too)
How does having a personal injury lawyer help?
1. Makes the process of making a claim to the party responsible for your injury straight forward and easy
2. They will offer a free consultation and based on your account, will let you know if you stand a chance of receiving a good compensation or not.
3. They help you in getting your claims processed by your insurance company as well
What information does the solicitor require from you?
· The date of the accident
· The contact details of any witnesses
· The details of the injuries and medical diagnoses and treatment that you received
· Whether you have any insurance policies taken for legal expenses which will reduce your legal fees
· Proof of earnings loss and expenses as a result of the injury
· Other insurance documents like health and motor vehicle which together could cover your losses
· Any previous documents where you had successfully claimed in similar accident situations.
A solicitor will make an assessment of the case based on his experience and advise you on what compensation you can expect. If you are willing to make an out of court settlement for this compensation, which you are in agreement with, then the case may not have to go to court, if the defendant agrees to it as well.
When a solicitor studies and decides to take your case, the following should be communicated in writing:
· That he is happy to take your case
· The solicitor who will be your contact person
· How long the process is likely to take
· An estimate of the costs and any agreed limit to spending
· When you will be required to pay the solicitor’s costs and any other costs
· How to address any dissatisfaction on your part on the way the case is progressing