Fractures can be particularly painful injuries. They may also cost you in medical bills and extended periods of unpaid leave from work. If your injuries are caused by other people, a fracture compensation lawyer can help you establish a claim compelling them to cover the costs.
Most people aren’t familiar with the steps that a solicitor takes to secure compensation for an injury. When they suffer a fracture or any other kind of harm, they may leave it almost entirely to their lawyer to establish a claim on their behalf.
But it’s always better to know what the process entails. This knowledge will improve your collaboration with them. You will be able to tell how well your case is progressing and appreciate your lawyer’s actions a bit better.
If you would like to get compensation for an injury that someone else has caused you, your first step should be to contact a solicitor. The next set of actions you take will depend on the outcome of your preliminary meeting with them. Depending on the nature of the harm done and the stance of the party at fault, you could proceed to a court case within a matter of weeks.
These are the steps you can expect to take in working with a fracture compensation lawyer.
At your first meeting with your solicitor, they should go over your situation with you. They could talk with you about the impact of your injury, your current situation, and what you plan to do about it.
Before they begin building a case, they will go through whatever documentary evidence is available. These could include photos capturing the scene of the injury incident, and medical records concerning your injury.
Photos may serve as useful evidence if they are taken soon after the event, and preferably from multiple angles. Medical reports from evaluations of your injury are also important. They will detail the nature and extent of your fracture and give a glimpse into how it has affected your quality of life.
But you will need more than these items to establish that someone else has caused your injury. An expert’s report concerning legal liability can bolster your case in this respect. Your lawyer can arrange for this to be provided.
Once the basis for a case has been established, your lawyer will send a ‘Letter Before Claim’ to the party you believe to be at fault. This letter gives notice that a claim will be made against them. It typically mentions the basis for the claim, summarises the facts available, notes the compensation you are requesting from them, and how the figure has been computed (if you are asking for monetary payments).
The law allows the recipient of a letter before claim to respond within 14 days if it’s a straightforward case and a maximum of 3 months if it’s complex. This allows them to evaluate the letter and issue a ‘Letter of Response‘. They could either admit to being at fault or insist that they are not liable to your claim.
If the other party maintains that they are not liable, your lawyer will proceed with preparations for a court case. They will collect witness statements from relevant persons, including your family, friends and acquaintances.
Independent medical evidence will also be sought by your fracture lawyer. The testimony of your doctor may not be enough to convince the court. This is due to a perception that your doctor’s judgment could be biased in your favour. An independent expert typically has no direct interest in the outcome of the case, so they are seen as more reliable. They will produce a detailed report concerning your fracture that is presentable at the court.
Your solicitor will prepare the ‘Particulars of Claim’, a document that states your case and the evidence supporting it. It will be served to the defendant, along with some of the evidence you have. They are expected to serve a Defence document in response. If they don’t, your lawyer can move to obtain a default judgment.
At the first court hearing, the judge will lay out a timetable for the case. The court will want to hear your case within 12 months of it being filed. It could take longer if the compensation you are seeking exceeds ₤25,000. Both parties are obliged to work with the timetable set by the judge.
The case will commence on a date decided upon by the court. Your lawyer’s job from this point centres on convincing the judge that the defendant is responsible for your injury and liable to pay compensation.
A fracture compensation lawyer can help you through the complexities of building a legal claim. You should seriously consider hiring one if you have been injured through the actions or inactions of another party. But you also have to work with them to ensure the success of your case. This collaboration will be easier if you understand how the case making process is likely to proceed.
Feel free to contact us. We will be glad to provide additional information regarding your personal circumstances surrounding your fracture or any personal injury claim.
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