Someone that has been injured in an accident has the right to file a personal injury claim. Most claimants go after a settlement, in order to get compensated for their losses.
The claim’s submission
Claims are submitted to the insurance company for the person that has caused the accident. Typically, every insurance company wants to minimize the size of the expected payout to the claimant. At the same time, each of them hopes to limit the degree of risk, with respect to the chances for a lawsuit, filed with the assistance of personal injury lawyer in Sarnia.
Insurance adjusters study the extent of the claimant’s losses.
The term damages refer to the claimant’s losses. There are 2 types of damages, general and special. General damages have an obvious monetary value; special damages do not.
Smart claimants send a demand letter to the adjuster.
That same letter should state why the insurance company’s policyholder has been blamed for the reported accident. In addition, it should offer details on both the nature and extent of the claimant’s injuries, as well as details on the prescribed treatment for those same injuries.
If the injured party had been working prior to the time of the accident, then the demand letter would need to state the value of the claimant’s lost income.
The role of the evidence
Presentation of good evidence is key to winning a personal injury case. That fact holds true, regardless of whether the claimant has sought a settlement, or has initiated a lawsuit. A major part of that evidence must come from the claimant’s medical report.
That fact should underscore the wisdom behind a decision by the accident’s victim to get examined by a doctor just as soon as possible. The insurance company always looks for a way to accuse the claimant of having failed to mitigate the extent of his or her injuries.
Adult claimants have 2 years in which to file a personal injury claim. If one of the victims happens to be a minor, then the claimant has the right to seek an extension of the statute of limitations. That would mean that the matured victim, one that had reached the age of 18 would have 2 years from that birthday in which to file a claim.
Those facts should not escape the notice of any parents. No parent should assume that a child has remained uninjured, simply because he or she has not complained about any obvious symptoms. Parents should make note of any sign that a child is not performing as well at school. Furthermore, a parent’s love should not push them to write-off a sudden outburst as something to be expected at that age. It could be evidence of an injury.