If you have been injured as a result of an accident or criminal act and are wanting to know more about personal injury settlements then you will want to read this article. Specifically we will discuss what is a personal injury, how to make the claim and whether you should settle the claim out of court.
What is a personal injury
This is where you have suffered an injury through no fault of your own and where blame can be attributed to a 3rd party. It may be as a result of an accident at work or a car crash.
Your solicitor will be able to advise if there is a claim to be answered and help you to formalise your claim depending on the extent of the injuries suffered.
How to make a claim
You should take the advice of an expert in dealing with these sort of claims as this can be an extremely daunting task for someone with little or no legal knowledge. Your legal representative will act on your behalf to ensure that you get the maximum settlement available to you. They will arrange for medical examinations to be carried out and have access to recognised medical experts to give a testimony on your behalf.
You can engage the services of a solicitor on a no win no fee basis thus eliminating any concerns that you may have over funding your claim.
Should I settle out of court?
In some cases the liability for the accident that caused your injury is fairly obvious and there is no dubiety about who is to blame for your injuries. In such cases there may not be any need for the case to go to court as this can be expensive for all parties concerned.
An offer may be made to you to settle out of court by the solicitor acting on behalf of the 3rd party. This offer will be made under Part 36 of the Civil Procedure Rules 1998. This, not surprisingly, is known as a Part 36 offer. This will be a sum of money that will be offered to you in full settlement and will remain active for 21 days before being withdrawn if either you do not accept or respond.
Personal Injury settlements can go either way if you decide to be bound by the decision of a court and a Part 36 offer may well seem very attractive to you. Your solicitor will advise you if he thinks that this offer is a good alternative to dealing with your settlement without the inevitable delay and expense of formal court proceedings.
Having read this article you should now have a clearer understanding of what a personal injury is, how to make a claim and whether to settle out of court or not.