How to tell if you have a Personal Injury Claim.

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Total views: 108 | Word Count: 575 | Date: Tue, 25 May 2010 | 85 comments

When deciding whether or not you will have a Personal Injury Claim a solicitor will need to consider a number of factors which this article will explore.

Firstly, and most obviously, you will have been injured either physically or psychologically. This is normally as a result of one isolated event for example a road traffic accident or alternatively it could be a result of a repetitive practice eventually causing an injury. It should be noted that very minor injuries may fall into the courts small claims threshold which can be dealt with by the injured party themselves but it is always worth seeking the advice of a solicitor before doing so.

The cliché that where there is blame there is a claim is an unfortunate catchphrase however it is a vital component in determining whether or not you have a personal injury claim. It is fair to say that there are a number of injuries that people incur where the event is nothing more than an unfortunate accident. Similarly some accidents are caused by the injured parties themselves and in these cases there is no one to bring a claim against. Moreover it is unlikely you would have a Personal Injury Claim

However if you have been injured because of the actions or lack of actions of a responsible party than you will have the basis of a personal injury claim.

The responsible party could range from an individual driving a car to the company you work for to the government. All of these parties will owe you, differing levels of, a duty of care. It is for a solicitor to show that the party held responsible has been negligent in upholding this duty of care. The government has provided statutes and the court have founded legal principles which make this possible and these vary depending on what type of claim is being brought. If your accident appears to be caused as a result of the actions or lack of actions of another party than you will more than likely be able to make a personal injury claim.

A final area to consider is who this party will be. The majority of personal injury claims will be brought against a party direct but it is their insurers who will have to pay for any settlements including legal costs as this is one of the reasons for having insurance in the first place. Therefore if you believe that the third party may not be insured the only way you would be able to bring the claim would be against the defendant direct and should they not have suitable funds or assets they would not be able to pay the amounts awarded by the courts. Running a claim in this way could be very costly for all parties.

If you are still unsure about any of the above a simple phone call to a specialist solicitor for a quick assessment will answer any questions you may have.

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