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"Legal" Article
 Article Directory Home Legal

Tips For Making Personal Injury Claims

By Expert Author: Catherine Moody
View Summary | Submitted: 2008-06-15 | Word Count: 656 words
Catherine Moody
With injuries due to another person’s negligence resulting in crippling financial and medical consequences for the individual harmed, making a personal injury claim of some form is the next logical step.

Sadly, getting reimbursed for the physical or psychological harm obtained can become an incredibly time consuming and costly process.

Here are some recommended steps to make the whole process as smooth as possible.

First off, you should find a solicitor the moment you are certain you have a well founded personal injury claims, as if you seek out a claims company first, they will charge you around £400 for them to eventually refer you to some form of solicitor aswell.

Secondly, most personal injury claims are related to the NO WIN – NO FEE deal. This will involve the solicitor only asking to be paid if the case is settled with a satisfactory financial outcome for the client. If the claim deems itself hard to settle, the solicitor will normally expect payment whether the case has a positive outcome or not, though prior to possible failure, the client should be given an estimated price so they can decide whether they wish to continue with the case.

Thirdly, the solicitor needs to be aware of all the details involving the incident leading up to the claim being made, in order to assess injuries obtained as well as things like whether your mobility, income or career has been effected, so they can provide the other party with this information and thendetermine if they are liable.

If they decide they are not, the solicitor can then examine the legality of the clients case and supply a risk assessment as to whether they think going to court will be a benefit.

There are some forms of insurance that either partically or completely cover the cost of personal injury claims. These are not too costly when acquired before you become injured. It is available after an injury, but the price is obviously a substantial amount more.

Sometimes, although you may have a NO WIN NO FEE agreement, and even if the other party admits they are liable, you may still be charged expenses for medical reports of other legal help. These expenses can reach around £600, though this can be postponed until you receive compensation.

Legal aid can be available from some law firms, although the claimant will not be viable for it if they earn more than £223 per week,

In some cases the claimants get carried away with the amount of compensation they expect due to emotional involvement taking over. This is not an intelligent way of reacting in a very formal situation. Even if a court case is successful, the sheriff will examine previous offers made, and if he decides one of them were more applicable, the client will be asked to pay back via legal expenses.

In England, the compensation for the different types of injuries is mainly tariff based, as compared to Scotland where sheriffs and judges are allowed to be far more accommodating, although this is still dependant on the severity of the injury.

The present day compensation for say, a whiplash injury for which symptoms have lasted around six weeks generally results in £1,500 to £2,000 reimbursement.

Not only is the level of compensation judged by the physical effects of the injury, but also by the effect it has on the individual’s life. For example a professional footballer at the highpoint of his game playing would receive more money for the same injury of that of a sedentary office worker.

Claimants who have won their cases and are on benefits from the state sometimes stop receiving the benefits if their awards are large. If the amount receive is over £10,000 their solicitor will tell them to set up a personal injury trust, in the process meaning the client will get the benefit, but not ownership, of the fund, and therefore the government cannot get any part of their winnings via reduced state benefits.
About the Author/Author Bio

Catherine is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Article Source: http://www.articlesphere.com/Article/Tips-For-Making-Personal-Injury-Claims/147395

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