The steps you need to take after having a personal injury

December 18, 2015

A personal injury can be classed as different things including a physical injury from a fall, an error caused by hospital treatment or a psychological illness caused by stress in your work-place.

If you’ve suffered a personal injury then it’s important you seek medical attention as soon as possible and professional advice about any compensation you might be entitled to.

If you decide to take legal action then be sure to choose the right solicitor that specialises in personal injury and is best suited to your case.

What is classed as a personal injury?

A personal injury doesn’t just have to be a physical injury, it could also be an illness or a psychological injury.

Personal injuries include those caused by;

– A traffic accident
– A trip from faulty paving
– Faulty goods or services
– Errors in hospital treatment or vaccinations
– a physical or psychological injury sustained by a victim in the course of a crime
– a psychological illness suffered as a result of abuse as a child

Work-related injuries could be;

– A physical injury at work
– Work-related illnesses, such as a disease caused by working with asbestos
– A psychological illness caused by stress or harassment at work

What to do after an injury

Depending on the type of injury you have then the process could be quite different.

If, for example, you have a road accident then you need to inform the police and report it to your insurance company. The insurance policy may be invalid if an accident is not reported to the police. If you’re able to, take photos of the scene and try to write an account of the accident while it’s still fresh in your mind.

If there are witnesses, you should make a note of their names and addresses.

Even if you seem fine at the time, you should report the injury to your doctor. Some injuries might not be obvious straight away and could become more serious. If you subsequently go to court to get compensation for the injury, the doctor will be asked to provide a medical report.

If your injury happened at work then it should be recorded in an accident book. If there isn’t an accident book, you should also write out details of the accident and your injuries, send them to your employer and keep a copy.

Taking legal action

If you feel you require compensation for the injury you have suffered, it could be for the injury as well as any time you’ve had to take off work or medical expenses you’ve had to pay out.

If you take legal action then it’s best to get advice from a solicitor that specialises in personal injury cases, they will know the whole process and guide you through what will happen and what information is required.

To claim compensation for a personal injury then it must be done as soon as possible, there are strict time limits on taking legal action.

One of the most common claims in a personal injury case is negligence and the time limit for this is three years. This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury.

Costs involved

As each personal injury case is different, some may take a lot longer to be resolved so the costs can vary too.

Some solicitors might provide legal aid or set up a conditional fee agreement. A conditional fee agreement means that your solicitor will receive no fees if you lose your case, although you might have to pay the legal fees of the other side.

If you win your case, your solicitor’s fees and expenses will normally be paid by the other side.

Make sure to ask in advance what payments there will be.

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