When an individual is injured in an on the job accident then he or she has got a possible personal injury claim, that is the procedure through which an individual seeks compensation for damages and injuries caused on the premises of the work place by the responsible party or company and/or their insurance company. The victim may choose to file a personal injury claim in the court itself or file a claim with the help of a personal injury lawyer.
The personal injury claim may seek recompense for lost wages; physical and mental agony; psychological pain and suffering; and also future earning capacity. The personal injury claim can be filed either by the victim himself or the victim’s family, friends or any other agent acting on the victim’s behalf. The personal injury claim is also likely to include medical expenses, prescription charges, and other charges that are related to medical treatment received for the injury.
Claiming Compensation When filing for compensation the victim has two choices; to file a personal injury claim either in the court of law or in a civil suit on the grounds of personal injury. A victim can also opt for the No Win No Fee arrangement. Under such an agreement the solicitor will not charge the victim for preparing or presenting the case or for carrying out the settlement negotiations. If the personal injury claim is for future compensation, then the solicitor will only charge for future winnings if the compensation is won. In case of no settlement, the victim need not pay anything.
Filing Claims In general the procedure to file a personal injury claim is followed after an accident. The attorney prepares the claim form, submits it to the insurance company and takes care of all the documentation. The insurance company pays a certain percentage of the compensation to the attorney upon winning the case. The attorney, who thereafter obtains the settlement proceeds, handles the details of the settlement.
Preparing for Lawsuit After the submission of the claims the victim should forward all evidences, which will prove the liability of the individual or organization. The other party involved in the accident should be notified about the personal injury claim. The personal injury claim is evaluated by the attorneys and the decision regarding the settlement is carried out accordingly. If the case is won the victim gets monetary compensation.
In some cases, the case may be settled outside the court in view of time constraints. In such cases, the attorneys arrange for a meeting between the attorneys and the insurance company to decide the settlement on behalf of the victim.
Attorneys handling personal injury claim have to work with the attorneys of the insurance company. The attorneys of the company work with the attorneys of the injured person. They meet with them regularly and prepare all the paperwork. The attorney handling the case gets the payment from the insurance company as he/she performed the work of convincing the judge and jury. It is also a wise practice for the attorney to get the financial compensation from the employers of the person who was injured to help him pay off his/her expenses due to the accident.
Disadvantaged party can also take support of organizations which is specialized in dealing with such cases. There are various legal aid funds and organizations that provide financial assistance to the plaintiffs who apply for a personal injury claim. Such legal aid funds do not charge any fee from the plaintiff. The attorney gets the fees only when the case is successfully handled.
Insurance companies have their own lawyers who handle the insurance claims. These lawyers are paid on the basis of the success or failure of the claim. In many instances, it happens that these companies take much longer time in handling the case. In such a situation, the personal injury attorney may start seeking a way out. The attorney starts searching for ways to get the case resolved quickly. Many times, the cases settle outside the court.
This happens when the victim decides to pull back from the lawsuit. Many victims of road accidents do this because they are scared of the lawsuits that will be filed against them by the persons responsible for the accident. The injured people are left with no option but to accept the compensation from the other party. The personal injury claims are solved fast in such cases.