Français (France)

Legal Blog

Legal Blogs for your information, legal help and support.

Simple Mistakes that can Hinder your Person Injury Compensation Claim

Personal injuries can include dog bites & violent assault through to injuries resulting from a car or bike accident. Though the injuries can vary widely the processes of recording and treating these injuries should follow the same steps if the injured party is to conduct a successful lawsuit against the offending person.
For instance, if the injured party has been hit by a vehicle whilst riding their bike, and they have sustained light grazing and bruising, the cyclist might conclude that since no serious damage was done, such as broken bones, that it is too small an injury to prosecute for compensation. This would be the wrong thing to do since, even light injuries are enough to claim some compensation for. Grazes and bruising can result in bacteria entering the wound and causing a nasty skin infection. So, with that in mind, here are is a short list of the most common mistakes that will reduce someone’s chances of reimbursement after an accident.

Refusing Medical Treatment

So, this would generally apply to someone that has received minor injuries and they feel that going to a hospital would be a waste of time, and that the treatment of the grazes etc could be done from home. Whether this is true or not, one thing that can’t be done from home is to record the injury on their medial files. A record of the injury backed up by the correct medial documentation and a record of the treatment given out is something that gives weight to a prosecution.
It is often the case that injuries received in any accident that at first glance seem innocuous can within hours or days turn into a pretty nasty infection. Once bacteria gets into a wound and an infection begins, it is often only treatable with strong antibiotics. This would mean seeing a medical practitioner at a hospital or a doctors practice. Complications like these would in most cases make the injured party think again about suing for some sort of compensation. Having gone to the hospital at the time of the accident would not only help with the medical records but also pre-empt these kinds of infections.

Deciding Not to Call the Police

Being involved in a minor road traffic collision or receiving a dog bite, may be resolved with a swift apology and a hand shake from a sincerely sorry driver or dog walker. However, it would be imperative that a report is filed with the police for proper documentation to be received and used in any court action. A victim may not want to get the offender in any trouble, but by calling the police to record the incident will not generally get them in any trouble and all the office will do is to record the accident so that it can be used in a court of law.

Not Taking Photos of the injuries

In this day and age, it is rare that someone would receive and injury and not have their smart phone with camera to hand. I mean if people are happy to take a photograph of what their next meal looks like on the plate, why wouldn’t they take pictures to record the injuries sustained after an accident. Having on the spot picture of the injury at the time of the accident and also through the recovery process would make up an important part of any prosecution case.

Witnesses, including video recorded evidence

If there are any witnesses present to your accident, it would go well in any successful prosecution to get written or video statement to what they saw. This kind of evidence can only add weight to the case. This is one of the main reasons that cyclists, motorcyclists and some car drivers use video cameras to record their journeys.

Deciding not to employ a Personal Injury Lawyer

It is common for people who receive only minor injuries during an accident to decide not to proceed with any kind of legal action. Often, reasoning that there would be little recourse due to the nature of the injuries. However, getting a consultation from a personal injury lawyer doesn’t usually incur a charge. It would take a professional a few minutes to be able to decide whether or not you have a case or not. By having taken the steps mentioned there is more of a chance of a successful legal case and the chance of benefitting from a just financial payout.
Bio: Written by Michael Gay on Behalf of Smith Jones Personal Injury Claims Calculator

×
Stay Informed

When you subscribe to the blog, we will send you an e-mail when there are new updates on the site so you wouldn't miss them.

What is Family Law, which areas of Law does it rep...
Family Disputes? – Solve it with our Experts
 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
lundi 25 novembre 2024
COM_PAYPLANS_LOGGER_CRON_START