How to Start a Personal Injury Claim

injured manIf you have suffered an injury in an accident that was not your fault, you could be entitled to make a personal injury claim. If you are thinking of doing so, read on to find out just how the claims process works in Scotland.

7 Steps to Make A Personal Injury Claim.

There are seven steps which make up the claims process:-

1. Record the accident.

Immediately after the accident, the thought of taking legal action will probably not enter your mind. Even so, it is good practice to follow certain protocol after any type of accident, as it is often necessary to prove liability lies with the other party. For example, if you tripped on a raised paving slab, you may want to take photos to prove it has been poorly maintained. Or if you sustain an accident in the workplace, you should remember to record the details in the work accident book. If you do then decide to make a claim, these measures will undoubtedly prove useful.

2. Contact a legal expert.

Once you have received initial medical treatment for you injuries, you need to contact a legal expert as soon as possible. After discussing your accident with a personal injury lawyer, he/she will be able to tell you whether or not you have a valid claim. It is important to remember that claims often have to be made within three years of the event itself, so be sure not to delay when seeking legal advice. If you are able to pursue legal action, you must then consider whether or not you wish to proceed. If you decide to go ahead, your solicitor will get the claims process underway.

3. Take statements.

First of all, it will be necessary to obtain a detailed statement from you regarding the nature of your accident, your injuries and how this has affected your life. It may also be a good idea to take statements from witnesses. This may be people who actually saw the accident happen, or it may be a loved one who can account for the impact your injury has had on your life.

4. Submit a letter of claim.

When all the necessary details have been collected, your solicitor will write a letter of claim to the other side. This will cover the facts of your accident, give an outline of your injuries, and provide the legal reasons for alleging fault. The other side will then have a period of time to investigate the claim and state what action they wish to take – this will either be to admit liability, or to deny it.

5. Obtain a medical report.

It is also likely your solicitor will arrange for a medical expert to examine your injuries, the findings of which will be written in a report. This will help to verify the extent of your injuries, giving your claim authority.

6. Negotiate a settlement.

If liability has by now been admitted, your claim can begin to reach a conclusion. Your solicitor will calculate an appropriate sum of compensation, and this figure will be considered by the other side. They may either accept the amount, or they may try to negotiate a different settlement. If an acceptable sum of compensation can be agreed upon, your claim will be quickly settled.

7. Raise court action.

However, if liability is denied or a settlement cannot be negotiated, the next step is to raise court action. This will prolong the claims process, as it often takes around a year to reach a final hearing. During this hearing, the court will hear the details of the case and decide whether or not compensation should be paid to the injured party, and if so, how much should be awarded. Nevertheless, more often than not claims are settled outside of court, and very few actually reach a final hearing.

How to Get a Police Report for a Personal Injury Case

police-report-template-43If you have been in an accident, the police report may be required when pursuing a personal injury claim. In most accidents, the police report is usually prepared to provide evidence of the damages incurred. Therefore, it would help you to prove liability and damages.

Even though the police report is inadmissible in the court of law, it would still be useful to prove most personal injury cases. The report can be produced in court to prove that someone did something that caused an injury. Many people fail to have this report because they do not know how to obtain it.

After an accident, it is important to request a police report relating to the matter. You would be able to get this from the police department especially if you know which of the law enforcement agencies was there at the accident scene and prepared the report. You can request it through making a phone call to the police departments and inquire about your incident. It would also be easy to use the online record request services that are available in most of the jurisdictions.

The report is useful in settling negotiations. Before taking the personal injury case to the court of law, it would be vital to gather all the necessary reports, which include the police report. The demand letter would summarize all the facts in the case and provide a detailed explanation of the injury before demanding for compensation. If the police report indicates that the other party involved was at fault, it can be used to settle the matter.

Using the police report would be very easy to prove important facts that would aid your case. The police reports usually contain the details of the incident including the date, weather, the witness’s names, and any other information that would explain the circumstance of your accident and subsequent injuries. Therefore, although the report cannot be used as evidence in the court of law, it may enable you to use it to get witnesses to testify what they witnessed.

Your personal injury attorney would require the report to help in the case. The report provides the results for the preliminary assessment of fault in auto accidents. It is possible to amend the police report factual errors, but it would be hard to amend a disputed facts. Most of the personal injury lawyers are skilled and could guide you on the steps to take to obtain the police report.

What is Negligent Supervision?

ShameNegligent supervision laws are rules which govern the liability of an adult who fails to exercise his or her duty of preventing a child or an elderly person from risk. This law applies to parents, guardians, step-parents, relatives, school officials, house helps and any other person entrusted with the legal obligation of supervising others and fails to perform their responsibility.

There are three main types of negligent supervision; these are negligent supervision of children, negligence of the elderly and negligence supervision of workers. However, most of negligence supervision cases involves children. Each state may have varied laws in relation to negligent supervision though the law will be imposed by most states on an adult citizen who knew that the child needed to be protected but failed to do so.

Normally, there is always high chances of something risky happening to your child or elder parent when you leave them back at your home for a job or other business activities. In most cases, we trust people such as house helps, day care institutions or other family members to take care of our young children. However, at times they neglect their duty knowingly or unknowingly hence leading to the kid (s) getting injuries.

There are several actions that can amount to negligence such as leaving a child close to a faulty electric socket, allowing him or her to play with a polyethene paper which can cause suffocation, leaving them next to a burning gas and many other forms of negligence. Negligent supervision laws provide remedies for such injuries in the form of what is referred as a claim for negligent supervision. An adult may be held liable for violating the law and may be required to pay for damages in case the child was injured. In some cases, they may also be required to pay for property damage, for example if they failed to protect a child from committing a vandalism.

There are some factors that determine negligent supervision laws; like the age of the child, the experience level of the child, nature of the activity, and factors beyond the supervisor’s control. For example, the law may not be applicable if the child got hurt due to an occurrence that was beyond the guardian’s control. The person responsible for the safety of the child should know or should be in a position to know that the child needs to be protected. Sometimes the law is determined by formal contract supervision duties which require that a parent signs a liability form when leaving his or her child in a day care unit.