CAR ACCIDENTS IN US: Most Common Accident Claims

Accidents happen every day and result in thousands of people suffering
personal injury every year. An accident [1] injury can occur on the
roads and footpaths, at work, in public places, at home, at school,
during medical treatment and in many other situations but whatever the
location, if the accident [2] was caused wholly or partly by someone
else, a right to compensation is likely to exist.

In many cases the accident [3] and consequent injury is through no
fault of the injured person but is caused by someone else. Some common
types of accident [4] claims [5] which may occur are:

1. Road traffic accidents - injuries to vehicle occupants,
pedestrians, cyclists
2. Accidents at work including industrial diseases
3. Accidents in public places
4. Injuries caused by defective goods or products
5. Medical or dental negligence

"Special Damages" is the term used to describe the compensation which
can be recovered from the negligent party in respect of expenses or
financial losses suffered as a result of an accident [6] and which can
be reasonably easily quantified. Examples of the types of items which
may be involved are :

1. Loss of past earnings and assessed future earnings
2. Medical Expenses - past and future
3. Cost of nursing or other professional care - past and future
4. Gratuitous assistance eg unpaid help from family and friends
5. Prescription charges
6. Travelling expenses for attending hospital, doctor etc for
treatment resulting from the accident [7]
7. Costs of gardening, decorating, housework etc if you have to pay
for this to be done because you are no longer able to do it yourself
8. Loss of or damage to your property

Obviously not all of the above will apply in every case and there may
be other items depending on the individual circumstances of each
claim.

In order to claim successfully it will be necessary to prove that the
person was negligent and that the negligence caused the accident [8]
resulting in the injury. Where a claim is being pursued for specific
items of financial loss or expense, satisfactory evidence will be
required to support the amount being claimed.

Certain areas of claim such as pain and suffering, loss of future
earnings, loss of amenity will normally be assessed by the court.

With certain exceptions a claim for personal injury compensation must
be brought within three years of the accident [9]. The main statute
governing time limits is the Limitation Act 1980. The issue is complex
however and there are situations where a shorter period may apply.
Despite the three year period therefore you should contact a solicitor
as soon as possible if you wish to pursue a claim.

Accident [10] claims [11] are complex, sometimes exceedingly so, and
to pursue a claim you will need the services of a solicitor with
particular expertise in this area. Making the right choice of
solicitor is a matter you should take careful consideration over to
make sure your compensation claim is handled effectively whether it is
settled in or out of court.

Doing your homework will not only save you time but potential stress
as well.

Christian is an author of several articles pertaining to No Win No
Fee, Compensation Claims [12], Accident Claims, Personal Injury Claims
[13] and other legal articles.

CAR ACCIDENTS IN US

Thứ Bảy, 2 tháng 10, 2010

Most Common Accident Claims

Không có nhận xét nào:

Đăng nhận xét