Any kind of accident or injury experience is simply terrible. Especially if the accident is occurred by motorcycle or car, the experience is really bad. Thus, it would be best to learn all the legal procedures to claim the injured rights and the steps to claim them.
This article will focus on a personal injury claim, the damages that should count as a personal injury, how you process to claim personal injury rights, and how injury lawyers can help you claim your legal rights.
What is a personal injury claim?
The complainant normally files the civil claim in personal injury claims to start the formal legal procedure. But if both parties can solve the issue outside the court, it may not reach court. So, it is beneficial for both parties to settle the claim outside the court and get a fair solution.
The two-primary concerns of personal injury claims are who is to blame for the accident and the damages. Here, liability refers to the party responsible for the complainant’s injury.
What are the damages that are regarded as personal injuries?
Damages are considered the total forfeiture of the plaintiff due to the injury. You need to consider some specific points to claim as damage in personal injury. Those are given below:
- Sufferings and aches that causes depletion of enjoyment in life
- Out of pocket expenditures
- Income loss from the previous life
- Earning potentiality
- Cost of future medical treatments and health care
- Earnings loss in the future
- Pre-trial interest
- Legal fees
What is the process of personal injury claims?
Here is a process of claiming personal injury in case of an accident.
Gather accident information and evidence:
The first step to start the personal injury claim process is to gain a complete grasp of the situation. The scenario includes gathering information on the accident and learning about your injury. A study on your background and medical history will also be included and checked.
You will be requested to provide all the necessary medical documents and perform a full investigation to determine the extent of your injuries. Other records that may be significant in analyzing and progressing your claim include your employment file, OHIP summary, and other documentation.
Consult a lawyer
If you hire an injury lawyer, the firm will ensure and take an active role that you get the care and treatment you require to achieve full recovery.
If the defendant does not offer fair agreement and resolution for the plaintiff’s claim, the complainant can submit a formal declaration with the case’s progress. When you start processing a legal claim, you need to draft the “Statement of Claim” before submitting it to the court.
File “statement of claim”
The “Statement of Claim” will lay out the facts of the accident and the claims and compensation you are after. As the document is everything that will show the accident scenario from your side, you need to make it properly. The paper is crucial for your case, so it must be filed correctly.
After filing your “Statement of Claim,” the defendant party will file a “Statement of Defence” against your claims. It is very sure that the “Statement of Defence” is to reject your claims and attempt to diminish your injuries.
So here you need professional injury lawyer help. You need to submit many papers at this point when the defendant files the “Statement of Defence.” An experienced injury lawyer will guide you to meet the necessary deadlines and make sure the documents are submitted in the correct format.
Schedule the case
Now, if your case is not sorted out within a short period of your personal injury claims process started, you need to schedule the case for discovery.
Discovery is such a process where both sides have equal opportunity to ask a witness from the other side. As a result, you will get e lot of questions from the other side about what actually happened at that time and how you are dealing with it now, or the injury you are facing for your daily life activities.
In discoveries, things are mostly cleared to specify damages and losses, so it is easy to gain a clear grasp of liability.
There is a chance that you will get all the settlements after discoveries. But if the claims are still not settled after a short time of discoveries, the next step is to reach an agreement through mediation and discussion with the other party.
Go for the trial in the court
It could also be scheduled for a trial. If the case is scheduled for trial, a settlement conference will be scheduled during which they will examine the case again and try to resolve it. If still, the issue is not solved, it will go to trial, which will take a long time to prepare for.
The above discussion gives you a thorough idea of how you claim your personal injury and what can happen from the defendant’s side. The steps provide a broad notion while pursuing your claim.
Please remember that it is merely a summary overview, not legal advice. When you meet your injury lawyer, they provide you with a clear understanding of what to expect in a lawsuit.
Your injury lawyer will keep you informed every step of the journey to get your personal injury claims.
How much is a personal injury lawyer?
Different lawyer firms will charge differently for injury claims. They have a wide variety of fees. The payment system also varies. You will get many arrangements like invoices per hour or paying a certain amount based on a contingency fee.
In contingency fees, the lawyer gets a share of the settlement when the lawsuit is resolved. The procedure of personal injury retaining is different from other cases for lawyers, so you must understand what service you are paying a lawyer.
Sometimes legal firms have some hidden charges for which they make complicated arrangements. So, choosing the right law firms who will provide you with the best service is sometimes critical.
Personal injury claim cases sometimes run for many years to resolve, so be clear of the retainer agreement you sign with the law firm. Make sure that the deal is reasonable.
If you choose the right law firm, you can even result in large payouts if your case is handled properly.
Vehicle accidents and medical negligence can occur due to brain injury, spinal injury, fractures, and other serious issues. These types of pains and sufferings are known as non-pecuniary damages.
You may be entitled to compensation for non-pecuniary damages, medical care, and lost wages known as special damages. But all the damages are determined by your circumstances and the seriousness of the injuries.
The compensation for your pain and suffering is substantial, depending on the severity of your injuries. Case law from various Canadian courts assists lawyers in determining the value of the claim.
Choose a law firm with a clear and simple agreement to comprehend to get the best possible outcome.
A successful lawsuit shows and proves that the defendant is responsible for the damage and injuries of the plaintiff. But to confirm the truth, you must consult a professional injury lawyer who can help you get the maximum compensation and protect your legal rights at any cost.
Frequently Asked Questions
What is a good personal injury settlement?
A good personal injury settlement is to get a fair settlement and resolution from the defendant outside the court.
How do I get the most money from my personal injury claim?
If you hire a professional injury law firm, they will analyze your case and progress it on your behalf and play an active role so that you get the most money from a personal injury claim.
How long do personal injury claims usually take?
If the settlement is outside the court or the defendant is ready to settle all the claims after discoveries from the court, it will take a short time to resolve the case. But if the defendant claims the “Statement of Defence,” and the case is scheduled for trial, it will take some years to resolve the case.
How many personal injury claims go to court?
Most of the cases are resolved and settled pre-trial. Very few cases go for trial in court.
What happens when you make a personal injury claim?
When you make a personal injury claim, you have to submit a “Statement of Claim” document to show the accident scenario from your side. Then the defendant will present the “Statement of Defence,” and both parties will be scheduled for a discovery.