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Traumatic Accident Compensation Claim

How to Make a Traumatic Accident Compensation Claim

The purpose of this article is to provide you with important information about how you can make a traumatic accident compensation claim, and to advise you of a number of procedures which should be followed after an injury has been sustained to ensure your right to recover compensation for trauma is not lost.

There are many factors that can dictate whether a compensation claim for a traumatic accident will be successful and since no two cases are exactly alike, to receive legal advice about claiming for having been traumatised after an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining compensation advice quickly after an accident can increase the probability of you being able to successfully claim compensation for a traumatic accident. A solicitor will assess the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific instructions on the procedures which should be followed in order to make a claim for traumatic accident compensation.

If You Have Been Traumatised After an Accident You Must Seek Professional Medical Attention

Your entitlement to make a traumatic accident compensation claim will be affected if you do not seek medical attention. Your health must be your number one priority if you have been traumatised after an accident; not only will seeking prompt medical examination ensure that you can receive treatment, but your claim for traumatic accident compensation must be supported by your medical records.

A claim for compensation for a traumatic accident cannot be justified if you did not seek medical attention, and it is also important that mental health problems that are being suffered are fully diagnosed and recorded in your medical history along with any physical injuries you sustained in the accident.

If you have not yet sought medical attention it is vital that you make arrangements to see a doctor at the earliest possible opportunity. It should still be possible to make a compensation claim for a traumatic accident even if you did not seek medical attention immediately, although an award of compensation for trauma may be reduced if the negligent third party’s insurance company can establish that your health suffered as a result in a delay in seeking treatment.

There Has to be Negligence in Order to Claim Compensation for a Traumatic Accident

In order for compensation for a traumatic accident to be awarded, your must have sustained an injury – physical or psychological – as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been broken for you to be eligible to make a traumatic accident compensation claim.

If a third party was responsible for you having been traumatised after an accident it should be possible to claim compensation for trauma, provided that your injury could have been prevented if the third party in question had taken a reasonable amount of care to keep you safe and out of harm’s way.

It must also be possible to prove that you have suffered an injury that was directly caused by third party negligence in order for a compensation claim for a traumatic accident to be successful. If you are unsure if the accident resulted from third party negligence, and whether you have a valid claim for traumatic accident compensation you should contact a personal injury solicitor for legal advice.

The Legal Process of Making a Compensation Claim for a Traumatic Accident

After your accident has been investigated and evidence of third party negligence has been collated, the first stage in the legal process of making a compensation claim for a traumatic accident is the drafting and issuing of a letter of claim to the insurance company of the negligent third party responsible for the accident. Twenty-one days must be provided for the insurer to respond to the letter, and a further ninety days must be allowed to enable the insurance company to investigate your case.

If liability for the accident is accepted, the next stage in the process of claiming for being traumatised after an accident is the negotiation of an appropriate settlement of compensation with the insurance company that provided the policy against which compensation for trauma is being claimed. If negotiations stall or if liability for the accident is not accepted, it will be necessary to issue proceedings and a traumatic accident compensation claim will need to be litigated through the courts. If this is necessary, your claim for traumatic accident compensation must go before a judge to be decided and if the case is successful, the judge will stipulate the amount of compensation for a traumatic accident that is awarded, and the insurance company will be ordered to make payment to you.

How Much Compensation for Trauma Can I Claim?

Compensation amounts for having been traumatised after an accident are not fixed, and will primarily be dictated by the severity of your suffering. The amount of compensation for trauma that can be claimed will also depend on many other factors. If you want an accurate assessment of the level of damages that can be claimed you should speak with a solicitor.

A traumatic accident compensation claim is not only concerned with providing recompense for pain and suffering, as it is also possible to be compensated for costs and expenses which have been – or will be – incurred as a result of an injury. Costs and expenses can be recovered as special damages when you make a claim for traumatic accident compensation.

Compensation for a traumatic accident can be recovered for medical expenses, prescription costs and loss of earnings from enforced time off work, in addition to other costs that were or will be necessitated by your injury.

In order to recover costs in a compensation claim for a traumatic accident you must be able to provide proof of expenditure; so it is important that you retain receipts or invoices to submit with your claim.

Summary of Actions to Take in Order to Make a Claim for Traumatic Accident Compensation

The best course of action to take after you have sought professional medical attention for having been traumatised after an accident is to contact a personal injury solicitor for legal advice. Eligibility to recover compensation for a traumatic accident will be assessed and you will be told about the steps that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for a traumatic accident as well as the amount of compensation for trauma you should be entitled to recover, and a solicitor is in the best position to provide relevant legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make a traumatic accident compensation claim to receive recompense for your suffering and to recover any costs you have incurred.

Making a claim for traumatic accident compensation cannot turn back the clock, but it will ensure are not made to suffer financially for being traumatised and suffering psychological problems after being involved in an accident that was not your fault.