Seeking compensation for a personal injury can be a daunting task. The article below discusses how to seek compensation for a personal injury.
Find a Personal Injury Solicitor
Find an experienced personal injury solicitor to help you with your case. You may be interested in the lawyer's winning history. Which cases have they worked on before? How did those cases turn out? Examine the lawyer's reputation by seeking referrals or conducting some internet research in law blogs and social media. Avoid lawyers with negative reviews. Some solicitors have a no-win no-fee policy. As such, you will only pay if the lawyer secures your compensation.
Your lawyer will help you establish blame. For instance, if you got injured at the workplace, your employer should compensate you. However, if your employer has workers' compensation insurance, you should contact the insurance company.
An essential aspect of personal injury suits is exemptions. For instance, a drunk pedestrian who intentionally throws himself in front of a speeding vehicle may limit his or her chances of receiving compensation. On the other hand, workers' compensation insurance does not compensate employees who are injured while committing a crime. In Australia, personal injury claims cannot be made three years after the injury.
You will require sufficient evidence to prove that the incident took place. For instance, you may need photographs, witness reports, hospital and rehabilitation records. The lawyer will evaluate your injuries to determine how much compensation he or she will claim. Other than your medical costs, the lawyer will also claim loss of earnings, rehabilitation and pain and suffering.
The Australian legal system encourages people to settle personal injury suits through an out-of-court process. Once your lawyer contacts the other party, he or she may give a counteroffer or deny the claim. If he or she denies the claim, the lawyer will go to court. If they are unable to negotiate a suitable settlement, the two parties may opt for a mediation process. A barrister specialising in personal injury suits will guide the mediation process. However, he or she cannot decide on behalf of the two parties.
You may also opt for arbitration. If this is the case, the arbiter will decide how much compensation you will receive. If these processes do not bear any fruit, you will have to go to court. You are free to accept offers before the judge makes his or her ruling.
When seeking compensation for personal injury, work with an experienced personal injury solicitor, establish blame, check the legality of your case, gather sufficient evidence and be patient during negotiations.Share