The Protocol To Follow For Personal Injury Claims

We all know that if we suffer personal injuries due to a car accident, medical negligence or because people are irresponsible and neglect the consequences of their actions, we are entitled to make a personal injury claim. This claim can help us, as victims, to get compensated for all our financial losses during the period of recovery and not only. In what concerns the protocol for personal injury claims, we usually ask for advice from lawyers or solicitors who know exactly what the law stipulates. If you are in such a situation, here are some simple steps from this protocol to help you get an idea of what you are supposed to do before you consider going to court:

1. In some cases the insurance company of the guilty party contacts the victim to reach an agreement. If this doesn’t happen or you are not satisfied with their offer you need to start by writing something that is called letter of claim. The format of the letter can be provided to you by the legal solicitor you hire to defend your claim. It should comprise information like time, location and description of the accident. Most of the times the victim needs to send two copies to the defendant and to his insurance company.

2. Include in the letter of claim all the necessary documents to show that the accident affected your financial state directly. In some cases it is necessary only a description or a summary of the expenses, but be prepared to support your words with facts. This means making copies of all the bills you had to pay due to the accident where you were injured.

3. After sending the letter, the defendant and/or the insurance company have to take the next step. This step, that is confirm receiving the letter and reply to it, needs to be done in a limited period of time. Any delay is not accepted.

4. The next step concerns the reply of the defendant. It should include the results of the investigation conducted by the insurance company. It is their obligation to check the information in your letter of claim and give you an answer as soon as possible. However, do not expect their reply immediately after your letter. They are usually allowed about three months to investigate.

5. Based on the results of the investigation the insurance company of the defendant has two choices. It can either accept that your claim is fully justified or it can argue otherwise. In the second case this means that the case goes to court.

By: JacquelineBrewster

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