Accidents and injuries are a part of life. What becomes tragic is if that incident becomes a reason for permanent disability or loss of employment. The clock cannot be rewound to avoid tragedy. However, what can be done is to seek legal counsel and make the perpetrator pay for their mistake. The other reason why a timely judicial intervention is required is to save oneself from grave financial distress. Legal hassles not just cost time and energy but a lot of money too. Immediate legal help is the need of the hour, and that is what is most required. However, even before you go ahead and make headway for a legal practitioner, it is recommended that you know your rights beforehand. Many times, we miss out on a rightful claim because of our lack of adequate knowledge.
This article will try to make sense, albeit, in layman terms, of the intricacies of the law.
What is physical injury?
The first step towards making a fool proof case is to understand what your rights are. It begins with the correct definition of personal injury.
A personal injury can range from physical disablement to a full-blown crippling effect where the victim is no more able to sustain a healthy life.
Personal injury can also be psychological, where the victim has been subjected to mental or sexual harassment. Under these circumstances, legal help is of immense help.
Personal injury cases can be long drawn, if not already resolved out of the court. Out of the court, settlement can have a resolution term of a few months, whereas once it goes to a court and a judge presides over it, then the cycle of hearing may become tedious and run into years. Personal Injury law firms specialising in personal injury cases will guide the client as to how to handle such incidents. One of the areas of expertise for these law firms is to establish proofs.
Proving a claim is one of the trickiest parts of the case. A well-qualified lawyer will be able to substantiate the claims and take legal recourse on behalf of the victim.
The areas where the claim has to be established are usually:
Proof that physical, psychological injury has taken place and the evidence for the same;
For accidents involving a motor vehicle, all documents related to the injury, namely medical bills, doctor recommendations, the police investigations need to be collected and provided for. Similarly, evidence for psychological harassment too has to be established.
How much can compensation be?
A difficult question. It depends on how severe the accident has been. And not just that. There are quite a few other factors that decide upon the compensation amount.
The number of days lost; due to the incident.
The economic uncertainty caused due to the accident
The capability of the company to pay
However, it is also imperative to select a competent Personal Injury Law firm.
A few quick tips for selecting the most effective one:
Reference: A confident ex-client would always recommend a firm that has been able to deliver positive results for him or her.
Research: There is no alternative to a great piece of research. Look for experience and recommendations.
Personal Injury laws keep changing since it is not a generalist field, and hence the legal eagle will have to be abreast of what’s happening.
As a victim, all the relevant documents must be in place and available at the time of the meeting. Personal injury law firms are diligent about reports being in order.
An injury, both physical and emotional, has a debilitating effect on the psyche. A competent personal injury law firm will be able to help you minimise the economic fall out of it, if any.