Making a Personal Injury Claim When you have suffered a personal injury, you may be left with long term consequences that can affect both your income, your way of life, and even others around you that may have to take care of you whilst your injuries heal. Can I claim for personal injury? Is a question many ask in the aftermath of an injury they believe not to have been their fault. However, some will shy away from making a claim, believing they aren’t entitled to compensation. Others will avoid pushing forward with personal injury claims simply because they are trying to avoid the conflict they assume may be created from making a claim against a company or body. It is important to remember that when you make a claim for a personal injury you have suffered, you are not personally claiming against the company in charge of health and safety measures at that particular time, rather you are claiming against the insurance policy they have in place. Liaising with an experienced personal injury solicitor is arguably the best way to handle a personal injury claim. Such a niche area of law can be complex to decipher; however, your chosen solicitor will be able to talk to you in detail about the situation that occurred to lead to an injury in detail, giving you an estimated likelihood of whose favour they believe the case will be decided in, and the likely outcomes of your claim. There are multiple types of personal injury claims that can be made and these include: workplace claims, serious injury claims, road traffic accident claims, holiday accident claims, abuse claims, public places claims, elderly and vulnerable claims, cosmetic surgery claims, medical negligence claims. Work Related Claims Whether you work in an office, a factory or even in a showroom, slip and fall accidents are the most common ways to suffer an injury in the workplace. Of course, accidents can occur however experienced you are in your job role, and injuries to the back, neck and shoulder may occur as a result of repetitive strain from manual labour roles. Aside from the legalities surrounding the claim, many personal feelings often surround suing an employer for a personal injury. However, it is necessary to remember that your employer has a duty of care for you, and should have appropriate measures in place to help you avoid injury whilst you are on site. Employers are not allowed to discriminate against you after you make a personal injury claim against them, and you should be free to return to work, if and when you are fit and well enough, without receiving any negative consequences from your employer. Things to Consider When Making a Personal Injury Claim Handling Your Finances Not only must you consider the legal fees that you may incur when making a personal claim, if you are forced in to taking time away from work, you must also consider how you will handle you finances without your main source of income. If you are struggling to keep on top of your bills and general expenses whilst you are away from work, it can often be beneficial for you to receive advice from a specialist money advisor. Individuals that are trained in dealing with personal finances will be able to help you organise your most pressing payments, and support you in liaising with those you may need to pay a lesser sum, or come to alternative payment agreement with, so that you can maintain a steady cash flow. Helpful money advice can also be obtained from services such as the Citizens Advice Bureau, and should you be unable to leave your home, you can also receive financial advice through email. Taking Time off Work If your personal injury has been sustained whilst in the work place, it is likely that your employer will give you time off with pay, particularly if they concede that the injury was as a result of their own negligence. However, if your personal injury has been sustained outside of the workplace, it is likely that your employer will want you to follow the terms and conditions in place for taking time off, set out at the time of creating your contract. The guidelines for taking time out of work will vary on both your contract of employment and your basic statutory rights. If you are going to be off work for more than seven days due to sickness, it will be your responsibility to provide your employer with a “fit note”, often referred to as a “sick note” to state that you are not fit for work. Of course, personal injuries can sometimes lead to individuals being classified as long-term sick, in which case sick pay will still be need to be paid by the employer. Support and Counselling
Another thing that you may consider after falling victim to a personal injury is the need for support and/or counselling. The type of support most beneficial for you will all depend on the injury you have sustained and any long-term implications you may suffer because of it. The Citizens Advice Bureau in your local area will be able to advise you on both voluntary and private organisations that can provide support for impacts on mental health and distress caused due to the injury itself or the consequences that followed; i.e. being out of work, or being immobile. Funding your Claim Legal fees can often be costly, and it is not uncommon for people to consider the cost of pushing forward with a case when deciding whether or not they will make a claim. However, funding should never stand in the way of seeking justice, and no win no fee policies are becoming an increasingly popular method of making a legal claim for personal injury. After an initial consultation with your solicitor, you should feel well-informed of the grounds by which you can make a claim, and how your case will be handled should you wish to proceed. If you have no way personally funding your injury claim, you may decide to seek the help of a solicitor that offers a no win no fee agreement. When making a claim under the conditions of a no win no fee arrangement, it is important that you understand what will be payable if the case is decided in your favour and what will be payable if your case is lost. Understanding your options is of great importance when considering moving forward with any personal injury claim, and by obtaining specialist advice from a reputable source, you will be able to move forward with your claim in the most efficient manner.
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