What is personal injury?
In short, personal injury is a mental or physical injury that has resulted from an accident. Examples of personal injuries include a car accident, an injury from a defective product or a slip and fall accident at work.
However, suppose this injury was a result of someone else’s actions or lack of action. In that case, you can make a personal injury claim to compensate for any damages you have faced.
Five steps to making a successful personal injury claim:
To ensure you make a successful personal injury claim, you must complete the following five steps:
- Act Fast. In a personal injury case, it’s your responsibility to prove the defendant’s fault. Therefore, evidence will determine the success of your injury claim. Examples of evidence may be collecting photos and videos, visiting the hospital to obtain medical reports, and enquiring about CCTV footage.
- Establish whether there’s a duty of care. A duty of care is a legal obligation for an individual or organisation to meet a reasonable standard of care in scenarios with a foreseeable risk of harm to others. When making a personal injury claim, you must establish who owed you a duty of care to ensure you target the correct individual or organisation.
- Consider foreseeability. To bring a successful personal injury claim, you will need to determine whether the incident could have been predicted and prevented. For example, suppose a rusty piece of equipment broke while in use and injured an employees hand at an engineering company. In that case, the employer will likely become liable for this injury.
- Mitigate your losses – The term mitigation of losses refers to the injured party’s legal duty to reduce the impact of the incident. For example, suppose you have an injury and don’t seek medical treatment, which has caused the injury to worsen. In that case, this is not the defendant’s responsibility.
- Seek legal advice – Personal injury claims are highly complex. Therefore, seeking legal assistance fast will ensure you deal with the injury in the correct way to maximise compensation. Holding off from instructing a personal injury solicitor can result in avoidable and costly mistakes.
What if I lose my personal injury claim?
In short, if you lose your injury claim, the defendant won’t need to pay you compensation, regardless of how bad the injuries are.
Therefore, it’s of the utmost importance that you instruct a solicitor with experience in making successful personal injury claims. A solicitor will ensure you have the best chance of securing a successful outcome and getting the compensation you deserve.
How long does a personal injury claim take?
The time it takes to settle for your injury claim is dependent on the type and severity of the injury in question and the time it takes you to get medical evidence. Additionally, other factors that can affect how long the claim takes include whether the defendant admits liability or challenges the claim in court.
To give you an idea of the time frame, a road or work injury claim usually takes between four to nine months.