Wednesday, September 29, 2010

Understanding the Main Elements of a Personal Injury Claim

If you are a worker who has been injured you may be entitled to work injury claim which is also known as a 'personal injury claim'. A claim can assist you financially by reimbursing you for losses and expenses resulting from your injury, but you can also be awarded for your pain and suffering.

Not all personal injury claims are as a result of a workplace injury. Other claims may include; being injured in a road accident either as a driver, passenger or pedestrian or if you suffer a slip or fall in a public place you may also be entitled to a claim for compensation.

Injury claims can vary considerably. It is very important to get advice from a personal injury lawyer who will be able to advise you of your legal rights regarding compensation.

The main elements of a claim include:

  • The severity and permanence of your injury.
  • Whether negligence can be clearly established.
  • The economic impact of your injury (past and future) for example if you cannot work again you may be compensated for future loss of earnings as well as past losses.

Compensation aims to assist you by putting you back in the financial position you were in before the injury took place. As a rule of thumb whenever there is an injury and someone is at fault and there is an insurance company involved, there may well be entitlements to claim personal injury compensation. Even if you are attacked by a dog, providing the owner has insurance (if it happened at their home for example) then there is a chance that you may be able to claim dog bite injury compensation. Even in the cases of when there is no insurance you may still be able to claim dog bite injury compensation but it may prove much more difficult to obtain a payout when you sue an individual for negligence.

In situations where there has been evident negligence on behalf of the employer (or driver etc) personal injury lawyers can be worth their weight in gold. For example, if you had a serious injury at work and it has left you permanently impaired and the injury could have been prevented easily you may be entitled to claims that is ONLY available outside of normal workers compensation.

There are an increasing number of Brisbane lawyers for personal injuries, but you need to find one that offers you a suitable arrangement. For example a injury lawyer Brisbane may offer no win no fee service - but what does that actually mean? One injury lawyer Brisbane may offer no win no fee but still charge legal expenses, even if they do not win your claim for compensation. Our personal injury lawyers offer no win no fee and this means you do not have to pay anything until you are awarded your compensation and they will only charge you reasonably. Beware of lawyers Queensland who offer no win no fee arrangement but charge premiums to cover their risk.

By consulting a work injury lawyer you can firstly; find out if you have a good claim and secondly if your case qualifies for a no win no fee arrangement.


The author is a Malpractice Attorney specializing in accident claims in Boca, Boynton Beach, Jupiter & West Palm Beach.

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