A personal injury occurs if you have suffered some form of injury, either physical or psychological, as the result of an accident, you have the right to compensation. The process of collecting that compensation, however, relies on a series of other rights.
What you should do first:
If you have been hurt, you will first need to deal with the pain, shock and distress you may be feeling. After that, you may want to think about claiming compensation and getting practical, personal or financial support to deal with the injury and its after-effects. Even if you have not yet decided whether to claim compensation, you should collect evidence about the accident. For example, if you were injured after tripping on a damaged paving stone, you could take photos of the paving stone. Write down details of the accident as soon as you can, while they are still fresh in your mind. If anyone saw what happened to you, get their name and address.
If you visit a doctor for treatment, ask them to record the fact that you had an accident. Their records will be evidence that your injuries were caused by the accident, which will be helpful if you later decide to make a claim. For injuries that you can see, photographs of the injury will also be helpful. Make sure you have a note of the date the photos were taken.
If your accident happened at work:
You should tell your employer about the accident straight away. By law, your employer must keep a record of most types of accident. If you are self-employed, you must record the accident yourself. You or your employer should also report the accident to the Health and Safety Executive or the local authority environmental health department, if this is necessary.
If you think your employer may not properly record the accident, write to them giving brief details of the accident, and keep a copy. You may be able to receive certain types of benefit after an accident at work. To claim them, you must fill in a form from your local Jobcentre Plus.
If your accident was a on the roads:
If you are hurt in a road accident, you must tell the police and, if your car was involved your insurance company. The insurance company may refuse to pay out if you do not report the accident.
If your accident was during medical treatment:
If you were injured when being treated, for example, by a doctor or in hospital, different rules apply.
Your Personal Injury Lawyer:
First and foremost, you have the right to hire the personal injury lawyer of your choosing. This includes the right NOT to deal directly with the other party insurance company. Many of your other rights are best protected by exercising this right wisely, since your attorney will be the primary champion of your rights. In choosing an attorney, you should seek someone who will:
Your Relationship with Your Personal Injury Lawyer:
You’ll have to work with and make decisions with your attorney as your case progresses. For instance, you will have to provide information to help your attorney prove liability in your case. You will have to make decisions about alternatives to litigation like mediation and binding arbitration.
In fact, your case may have a positive impact on society. Often litigation forces a manufacturer to remove a dangerous product from the market, or to make changes to increase the safety of the product. Landowners are encouraged to put up fencing or clean up hazardous areas when faced with litigation and news of that litigation impacts other manufacturers and landowners as well. Our legal system was designed to allow individuals like you to recover for your losses, and to hold companies even insurance companies accountable.
Personal Injury Rights
