File Personal Injury Claims the Right Way

English: This is a picture of a mild skin injury that resulted from a biking accident. (Photo credit: Wikipedia)

Nowadays, it does not matter how law-abiding you are when it comes to traffic rules or protocols, road accidents can still come to anyone who has impeccable carefulness when driving, to someone who has a nonchalant attitude towards safety on the road.  Majority of these road accidents happen because some reckless driver, who have no respect for traffic rules, drives by oblivious to an unlucky pedestrian or another vehicle on its path.  If and when you become a victim of such recklessness, making your injuries the fault of someone else as a result, you can definitely claim for compensation as per personal injury law.  For personal injury lawyers with proven and successful courtroom trial experiences, here are the tips they highly suggest you follow when filing for personal injury claims:

• Determine your grounds for filing the claim by analyzing if you have iron-clad potential grounds for the claim or not.  Make sure that there is no tinge of possibility that you may be at fault too, otherwise, seeking compensation is voided.
• Not only do you need to be totally honest about your recount of what happened, you also need to choose your words well.  Using words that can somehow incriminate you might decrease your chance of getting compensated or for the compensation amount to be reduced.
• It is most helpful to keep your own record of the incident in writing.  Write down even the minute of details that you remember.  You never know what information would come significant.
• You also need to present evidence that led you to not be able to come to work or suffered a loss of income, plus the expenses that came with it.  This refers to receipts of travel expenses, medical bills and documents.  If you have physical proof like videos, photographs, and witnesses, use them.
• It is also best to contact your lawyer’s office if you have specifically suffered from major injuries before you talk to a claims adjuster.  You deserve to demand for a fair compensation.
• Most importantly, file a claim the soonest time possible, otherwise, you become ineligible for any compensation if you exceed the time limit.

For more helpful and in depth discussion regarding personal injury claims, consult your specialist lawyer.  He or She will ensure that you get the best results through a litigation process that is smooth, efficient yet aggressive.

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Insult to Injury (Photo credit: Wikipedia)

Whiplash wound is caused by the neck muscles getting violently stretched and compressed. This sort of injury is commonly associated with motor vehicle accidents particularly when the car is hit in the rear. The soft tissue in the spine is stretched and strained in an acceleration or deceleration motion which is based on the body reacting negatively to physics. The neck is more commonly affected.

Whiplash injuries can also be sustained in head banging, bungee jumping, trips and falls and   participation on contact sport.

Symptoms of Whiplash Injury

Signs can be instantly felt, but may occasionally take several days to build up. Symptoms of whiplash include pain and stiffness in the neck, shoulders and lower back. Headaches, dizziness, fatigue, a tingling sensation in the arms and hands, vision problems, insomnia and short term memory problems are also associated with whiplash.

In most cases the victim is able to have a complete or near complete recovery. The duration from preliminary whiplash signs to revitalization requires around several weeks and/or months.

Claiming Compensation for Whiplash Wound

If the incident has been due to third party negligence, the law recognizes the right of a person who has been hurt to claim for compensation. However, it should always be a priority to seek professional medical treatment to make sure injuries will not develop into long term health problems.

Whiplash injury claims can be difficult and daunting particularly if the person does not understand his legal rights. This is when one needs to consult a solicitor who is skilled and experienced in this field. An advantage of engaging a solicitor to process the compensation claim is that the victim can focus in getting back to full health. The legal battle can get lengthy as the other party may refuse to settle and dispute his liability, hence, one should get a solicitor whom he feels at ease and reassured.

The solicitor needs the medical evidence in the form of medical records and possibly written reports from general practitioner in order to consider the potential settlement of the case.

Power and Pain (Photo credit: Wikipedia)

Factors Affecting Amount of Compensation

There are two factors that affect the compensation that can be claimed.

• General Damages

This refers to whiplash compensation claim for the actual pain and suffering the person has undergone or still undergoing. For this claim, amount of compensation will depend on the severity of the whiplash injuries sustained by the person, the length of time required for recovery, and whether the person is likely to suffer any long-term effects from his whiplash injury. Usually, a medical expert will assess the person and would make comments on these factors. The opinion of the medical expert will help the solicitor and the other party to decide how much compensation is due.

• Special Damages

This refers to whiplash compensation claim for any losses and expenses the person incurred as a direct result of the accident. The value of whiplash injury claims is determined by effects of the whiplash on his quality of life. Lost income due to bodily limitations and future loss in income, for instance if the person is unable to go back to work, are definitely going to impact on the finances of the person.

Compensation claims can become complex to resolve as some symptoms take some time to manifest that makes diagnosing whiplash difficult.

A Chevrolet Malibu involved in a rollover crash (Photo credit: Wikipedia)

Finally, anyone who has suffered a genuine neck or back injury following a road accident will confirm that these injuries can be life-changing. As some symptoms may take days to observe, effects of whiplash injuries may be more difficult to prove in order to make the proper claim for compensation for the injury. This is when a service of an experienced solicitor becomes valuable.  Claim for compensation is not only about immediate expenses incurred but also the general inconvenience to the person as a result of the whiplash injury. However, in making claims, one must not forget that a valid claim mean that the accident is not his own fault.