We all have heard about cases of personal injury and people seeking compensation for them. However, not many of us know that making a claim may be burdensome and lengthy. Therefore, professional support is necessary in order to collect all evidence required to make a claim and go through the whole procedure up to receiving compensation.
Seeking specialist help is obligatory especially if the damage is difficult to prove. In the case of a serious head injury, the extent of the damage to the individual and the likely impact on their life is clear. However, if the injury is subtle, the damage to the brain is less obvious, which can make it harder to prove the person's suffering. A skilled lawyer knows the signs to look for and can make an accurate assessment of the level of lasting damage.
When a lawyer deals with personal injury case he firstly has to obtain as much information as possible about the accident and its circumstances. If the injured person is not able to provide it (for instance they can't communicate or suffer from memory loss), the solicitor can approach a family member, friends and work colleagues all of whom will have known the client both before and after the accident and can comment appropriately. These statements deal with pre-accident abilities, aspirations and earnings, the post-accident position, and their current needs. The solicitor will also contact any witnesses to have more information about the accident and gather evidence supporting the claim.
Further, they will obtain the insurance detail of potential defendant. Together with the insurers they may also obtain an Immediate Needs Assessment that provides an independent medical view about the injured person's needs. If the defendant insurer agrees these recommendations, they may provide funds to implement them. It is usual for them to provide interim payments too to cover on-going expenditure such as care costs or therapy, if they admitted liability. Before that, both sides normally obtain evidence from various experts in fields such as neurology, care, accommodation, physiotherapy and occupational therapy.
The length of the whole processes, from making a claim to receiving compensation, depends on individual circumstances of the victim. In a severe brain injury case the claim will not conclude until some time after court proceedings have been started on behalf of the client. The court implements a timetable to bring the case to a resolution but the actual time taken will depend entirely on the individual case. The process can last even several years as it can take this length of time for the client to reach a stable medical condition.
Disputes over the appropriate level of damages can also take a long time to resolve. When the compensation is eventually determined, the court awards a sum to cover losses suffered up to that date plus anticipated future losses. They may partly be covered by a Periodical Payments Order that provides annual payments for the rest of the injured party's life.
Given the complicated and time-consuming nature of personal injury claims, it is compulsory to seek help of a head injury solicitor specialising in the particular area of law. With their professional help the process can be much easier and more bearable for the client and their family. What's most important, attorney's assistance makes it more likely that the claim will be successful and the court will award compensation.