Personal injury claims come in all shapes and forms, and there are formal processes in place for almost any context of injury in which someone else’s negligence leads to an accident happening. However, the majority of guidance surrounds you being the claimant, as opposed to being on the other side of the claim. Some of the most common claims include incidents occurring while driving, cycling, being in public spaces, or on worksites – and these places are typically environments where the risk of accidents occurring is much higher due to the saturation of independent people and machinery in operation.
Therefore, you’re actually much more likely to face incoming injury claims against you in many everyday contexts and for very common injuries or ailments. As a serious legal proceeding, it’s worth knowing the basics of how to react, respond and handle these kinds of claims should one be brought against you.
It’s crucial to know how personal injury cases work and what you can do to protect your interests if you find yourself named as the defendant in one. In most personal injury cases, the concept of negligence is used, which means that you are charged with acting—or not acting—in a way that directly harmed the claimant. Remember that being named in a claim does not entail that you are at fault or will be held legally liable, even though it may be stressful to deal with such allegations. Instead, it marks the start of a procedure where both parties will have the opportunity to make their cases, and various factors will be taken into account before a decision is made.
The First Line Of Defence
Let’s say you were involved in an accident on the road. It happens all the time, and it’s one of the key reasons we’re obliged as drivers to be insured. This is because, first and foremost, you are usually not alone in staring down injury claims against you. The first most people hear of a claim against them is via one of three notifying documents issued by courts, summons, writs, or claims. Something is seen commonly in the states, and sometimes in Europe is the in-person serving of court papers to a defendant by legal representatives like Sherriff Officers. These documents aim to give you ample time to prepare and respond to the summons, often in the region of three weeks. During this time, your insurance company, once notified, can assess the injury claim brought against you and make a determination on whether the claim ‘has merit.’
After those 21 days, however, you need to choose to either defend yourself against the claim or accept the liability for the accident. Your insurance company are expert in this area and will recommend the option that gives you the best chance of a positive outcome.
While you won’t need to be personally handling the claim from this point, you’re still often required to co-operate and both your insurance firm and the claimant’s lawyers if the claim isn’t resolved during the arbitration. You should familiarise yourself with the specific nature of the personal injury claim being made against you, and the documentation required to support a case. Some defendants end up filing counter-claims or requesting independent reviews, once a case begins and the facts filter through, to verify the extent of the injury for example. Always be ready for a claim to change, evolve and modify over time – they’re rarely clear-cut decisions.
Where liability is obvious, your insurance company will almost certainly settle quickly, however, it’s not always the case. Actually attending court proceedings is also very unlikely, although insurers prefer to settle in arbitration with another firm, rather than escalating to the courtroom.
Third-party reviews and deep scrutiny of the evidence often lead to both parties opting to avoid court – and the all-or-nothing outcomes it can provide – anyway. So don’t worry too much about having a day in court – you’ll be shielded from most of the arguments and negotiation.
The Crux Of A Claim
Often the speed of legal proceedings can be slow, but this is not always a result of the process itself. It can be due to the dragging of feet by either party for whatever reason. Because insurers are firstly businesses, they can delay and often cause claimants to raise claims to increase their leverage over the incident if your insurance company simply isn’t moving quickly enough to resolve the issue. Keep in mind that insurers have their best interests in mind, often equal to their duty to you – whether you’re the claimant or defendant in a case.
As you can see, the process of a claim is basically abstracted by your insurance firm for the most part. If the two firms can’t settle, there’s always a chance of having to to go court, but again your insurance firm should cover this cost, too. The only circumstance where the water can be muddied is if your insurance coverage isn’t entirely valid at the time of the incident and, in this case, contacting a law firm immediately is paramount, but defending cases like car accidents without a lawyer or insurance is possible, with some know-how and diligent work on your side.
When accidents do occur, it’s unfortunate that the legal side of things is so relevant; it can lead to longer-lasting stress and slower recoveries. But, being up to date and clear on your responsibilities during the process can help you to form the robust defence you deserve, and ideally speed up a resolution that both parties can accept as fair.
