A lot of people have to deal with a personal injury, however only a few of them hire the assistance of personal injury specialists in order to process a claim. This is because they are either not really aware of their right, or they may not know the process involved in making a claim. There are also some who say that the injury they suffered is tolerable, not bad enough to warrant a claim.
Personal Injury Claims – Valid Compensation
As stipulated by personal injury law, the individual who has become a survivor or a victim of injury has the right to make a personal injury claim. The damage may be emotional, physical or even both. There are several things involved in this type of compensation, including medical bills, physical and emotional suffering, as well as death of a family member.
There are also two general types of damages covered under these claims – compensatory and punitive. Compensatory types of damages are those which can be provided with a compensation based on what could have been had the accident or damage never occurred. Compensatory damages also fall under two categories – special and general damages. They are also referred to as monetary and non-monetary losses.
There is a process that needs to be observed in order to file personal injury claims. Of course, evidence need to be gathered involving the injury and the accident of the claimant. Among valid evidences include photographs of the scene, as well as a narrative from the individuals involved, as well as information coming from witnesses. A claimant usually needs the help of personal injury specialists in order to be represented accordingly. Afterwards, assessment of the claim will be done.
After everything is done, the claims investigated, and then proven given the related evidence needed, the case may now be presented to the insurers of the opponent. They will then be informed about the lodged claim. A “letter of claim” is then sent to the defendant, including all information provided. The defendant usually has 21 days starting from the posting date to inform the insurer. If no response is received, the claimant may now request for court proceedings.
The total compensation, as well as the amount of time covered by the personal injury, may depend on different circumstances revolving around the accident and injury, as well as the response coming from the defendant.