Top Tips When Seeking Compensation For Personal Injury

Posted on: 6 January 2020


Are you seeking compensation for personal injury? Read the article below to learn how you can improve your chances of getting a fair settlement. 

Work with an Experienced Lawyer

Working with a skilled compensation lawyer can significantly increase your chances of a positive outcome. More often than not, the other party will have a lawyer or an insurance adjuster. It may be challenging to negotiate with these experts if you do not have any legal knowledge. Your lawyer will examine your situation and advise on the following:

  • The legality of the matter: You cannot seek compensation for injuries suffered when committing a crime.
  • The time factor: In Australia, you cannot make a claim if the incident took place more than three years ago.
  • Breach of duty: You must prove that the defendant is responsible for your injuries. 

Consider Processes Out of Court 

Most personal injury suits are settled out of court through negotiation, mediation or arbitration. It would be in your best interest to resolve the matter out of court. Court processes are lengthy and expensive. They are also unpredictable. A skilled lawyer will successfully negotiate a reasonable settlement in a few months. 

Determine How Much to Claim

The severity of your injuries and the nature of your damages will determine how much you will claim. It is usual for people to overestimate the damages. For instance, it would be unreasonable to claim millions of shillings if you did not suffer extreme injuries. Below are a few factors that will determine the amount to claim: 

  • Loss of wages or employment
  • Damage to personal property 
  • The cost of medical bills
  • Rehabilitation costs 
  • Pain and suffering

Be Reasonable

Once your lawyer sends a demand letter, the other party may respond with an amount lower than what you are willing to accept. Rather than get frustrated, contact the other party and seek an explanation of why they gave a low figure. Sometimes, it may be due to a misunderstanding regarding the severity of your injuries. If this is the case, they will adjust the offer. You may not always get what you want from a negotiation. However, your lawyer will ensure you get a reasonable amount.

Read the terms of the settlement contract. For instance, if the other party wants to keep the matter private, you could ask for an additional amount to honour their request. 

When seeking compensation for personal injury, work with a compensation lawyer, consider processes out of court, determine a reasonable claim and know what offers to accept.