It isn’t uncommon for two plaintiffs with similar injuries to be awarded two very different amounts. As a result, if you’re considering filing a compensation claim for injuries you’ve received in an accident at work, in a public place or on the road, you need to understand the factors that could affect the outcome of your compensation claim.
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What should you do before filing a claim?
Five factors to consider before filing a claim for compensation
Before discussing factors that could affect the outcome of your compensation claim, it’s also important to gain an understanding of whether you should file a claim in the first place.
1. The timeframe of the accident If the accident in which you sustained injuries occurred in the past three years you can file a claim for compensation. If you were a minor at the time you should have three years from the time you turn 18 to file your claim.
2. Which party was to blame and is there an identifiable party at fault? Basically, was the accident in which you sustained injuries the fault of someone else and are they identifiable? If you were responsible for the accident there’s a good chance that filing a claim would be a waste of time and legal professionals will tell you as much.
3. The information you’re able to provide After the accident you should have written down as detailed a description of the accident in question as possible. If you haven’t, do so now.
4. The presence of medical evidence You should also have sought medical assistance and obtained a medical certificate and other information – receipts, medical reports, recommendations, etc. – from the clinic or hospital you sought medical attention at.
5. Accessibility of legal assistance Since most compensation claims solicitors operate on what’s widely known as a ‘no win no fee’ basis, accessing legal assistance is straightforward. However, you not only need to source a good solicitor, one with relevant experience, but also one who believes you have a case.
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Many things can affect the outcome of your claim
Factors that could affect the result of your compensation claim
In addition to the factors above, there are a few further factors that can affect the outcome of your claim for compensation, including the following five.
1. Consistency and credibility Your story must be consistent if it’s to be considered credible and provide you with a chance of receiving compensation for your injuries. This means your story must be the same each and every time and you must also be consistent regarding your complaints of pain and suffering. Those unable to provide a consistent story and consistent complaints of pain and suffering aren’t going to win their compensation claims because they lack credibility.
2. Likeability and personality Your personality and how likeable you are will play a major role in your claim for compensation if it’s taken to a court with a jury. Basically, if the jury doesn’t like you because you have an abrupt, brash personality, they’re not going to want to do you any favours and you’re not going to receive the result you’re after.
3. Openness and honesty You must be open and honest about the accident and your injuries if you’re to have a shot at winning your claim for compensation. Whilst it’s commendable that some people choose not to complain about their injuries and how much pain they’re in, not voicing your feelings – so as to let the court know how much pain you’re in – won’t do you any favours.
4. Doctors on your side This is one of the most important factors because, at the end of the day, the damages you’re awarded must match the severity of the injuries you’ve sustained; however, not as you explain them, but rather as explained by your doctor.
5. Your solicitor The outcome of a claim for compensation is more often than not, only as good for the plaintiff as the ‘no win no fee’ lawyers they hire to represent their claim. This is why you should think seriously about enlisting the services of a particular lawyer, so ask around for word-of-mouth referrals.
Although there are time limits applied to compensation claims, filing a compensation claim isn’t something to rush into; however, it certainly isn’t something to procrastinate about either.
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