In the event a
person is injured in a road traffic accident, it is more than likely that, with
expert legal assistance, they can claim injury compensation from the at-fault
driver. Every driver would be insured to cover personal injury claims by a
third party, and even if you know the driver and do not blame them for your
injuries, you should still make the claim, as the money will be paid by the
at-fault driver’s insurance policy, not out of their own pocket.
Gathering
Evidence
Of course, you
will need to have significant evidence that proves that the at-fault driver was
negligent and this had some bearing on your injuries, and if you approach an
experienced accident lawyer, they would evaluate the circumstances and offer
their professional opinion as to your chances of a successful claim. This
evidence might take the form of any of the following:
- Images
and video taken at the scene of the accident. - Police
reports. - Medical
reports and X-Rays. - Witness
statements. - Statements
made by any of the drivers involved.
In the event the
lawyer reviews everything and is of the opinion you have a strong case, they
would likely offer to represent you on a no
win-no fee
basis, which means you will not have to pay anything if your claim is
unsuccessful.
Out of Court
Settlements
Let’s take an
imaginary scenario when a person is injured in a car accident and one driver is
charged with careless driving by the police; if the judge agrees and the driver
in question is found guilty, then the injured party does have sufficient
grounds to proceed with a claim for compensation. The said driver’s insurance
company would know that the claim is very likely to be successful and rather
than having to pay high legal costs, they would prefer to settle out of court,
which involves the injured party and their legal counsel sitting around a table
with the insurer’s representatives in order to come to some form of agreement.
Court Hearings
In the event that
no party accepts they were negligent regarding the accident, your claim would
have to be presented to a court of law, when a judge or judges will look at the
evidence put forward and come to a decision as to whether certain parties are
to be held liable for your injuries. This is when your legal team prove to be
invaluable, and should they be successful, their fee would be deducted from
your compensation payment. There are occasions when the insurance company think
they have a chance of winning the case, therefore they opt for the case to go
in front of a judge rather than settling out of court, and the decision rests
with the judge after they have seen both sides arguments.
If you have
suffered a personal injury as a result of a road traffic accident in the recent
past, you have nothing to lose and everything to gain by seeking legal advice
from an experienced personal injury lawyer, who might be able to secure you a
fair pay out.