If you've had a road accident in which you sustained an injury, you may be entitled to claim compensation. But how do you make sure that your claim is successful?
Here are some tips to ensure you receive the recompense you deserve.
Establish who was at fault
The first thing to establish, before you instruct a personal injury lawyer to pursue a personal injury compensation claim on your behalf, is that the accident was not your fault. If you were entirely to blame, you will not get compensation, regardless of how seriously you were injured. However, if you and the other party were both culpable, you will be entitled to some degree of compensation.
Ask yourself who was to blame for the accident, and answer honestly.
Before contacting a personal injury lawyer, it's useful to write down everything you can remember about the accident. Use bullet points to record all the salient facts. Make a note of where the accident occurred, the time of day, the weather conditions on the day. Draw a sketch map to illustrate the road layout where the accident took place. It's also useful to take photographs of the scene and of any damage to your vehicle.
Write down the names and contact details of any witnesses who saw what happened. Give details of any police officers who attended the scene.
Remember, if anyone was injured in the accident, you must report it to the police as soon as possible, even if they did not attend. You must also inform your own insurance company immediately.
Seek medical advice
In order to make a personal injury claim, you have to prove that you were actually injured as a result of the accident. If you weren't hospitalised, make arrangements to see your doctor as soon as possible after the accident. Some conditions, like whiplash for example, may not manifest themselves until some hours or even days following the accident, so it's important that you get yourself checked over.
In addition, you must ensure that the details of your injury are recorded by your GP. You won't be able to claim compensation for an injury if the other party's insurer has no proof that you were actually injured!
Don't try to deal with the claim yourself, and never accept an offer of compensation directly from the other party without consulting a legal representative first.
If you feel you have a valid claim, contact a personal injury lawyer. They will listen to details of the incident, and will advise you if they think you have a good chance of making a successful claim. Initial enquiries and advice are usually free of charge.
Before instructing a personal injury lawyer to proceed with your claim, there are a few things you must be prepared for. You will be questioned in detail about the incident by the other party's insurance company, against whom you will be making your claim. Everything you tell them will be double-checked, so make sure you stick to the facts of the accident and don't change your version of events.
You will have to attend a medical examination. Ultimately, you will have to attend court to prove your claim.
All these processes can be extremely stressful and even distressing, depending on the circumstances of your accident.
Road traffic accident injury claims are usually pretty straightforward, as long as you were not to blame. The tips in this article, together with advice from your personal injury lawyer, should help you to make a successful claim for compensation. If you have specific questions about personal injury law, contact a lawyer with a firm like Kemp Law.Share
9 July 2015
No one gets married planning to get divorced, but by the time I see them it's pretty obvious why they are getting divorced. When a marriage is beyond repair I'm there to fight for my clients right's under family and property law and to get them the best deal I can possibly negotiate. Even if you feel like your case is messy or complicated, I can guarantee in my time as a lawyer I have seen and heard worse things! This site has a collection of useful articles and links on developments and case law in the Family Court of Australia.