How to Assess Your Likelihood of Success for an Injury Claim

If you have suffered an injury – such as a burn injury in the workplace, a broken leg due to a road traffic accident, or more – and you know that another person or entity is responsible for your injury, then you may be entitled to compensation. But how can you properly assess your chances for a successful claim? Here’s how to effectively determine if you have a realistic chance to receive compensation: the top factors which will affect the success of your claim.

Some prerequisites for success

For you to win a claim for personal injury and receive the compensation you deserve, there are some prerequisites which need to be fulfilled. You need to be able to demonstrate, for instance, that there is an actual entity – it could be an individual, an organisation, or a company – from which you can make a claim.

Another prerequisite for a successful claim would be your ability to show or demonstrate that this person or entity has an obligation or ‘duty of care’ to you and that they were negligent or failed to fulfill their responsibility or duty.

You also need to demonstrate or prove that your injury was sustained as a direct result of that particular accident.

image00For you to demonstrate all these prerequisites, you need help from a good solicitor. The solicitor will help you gather as much evidence as you can so you can build a strong case. The proof or evidence you need should also consist of photographs, statements from witnesses, and the like.

Are you likely to win?

 

If your solicitor is able to show that the other side was amiss in their duty and is to blame for your injury, then you are more than likely to have a successful claim.

One notable fact is that even if you may be partially responsible for the accident – if, for example, you wrongly operated workplace equipment or knowingly worked without proper protection and suffered a burn injury – you may still be eligible for compensation. The insurance company will simply decide on the amount of compensation you deserve whilst taking into consideration your role in the accident. Fortunately, a good number of cases, especially compensation for burns, are often settled outside the court, which means that you can receive your compensation either through the insurance company of the defendant or from the defendant themselves.

Keep in mind, however, that it might take longer for your claim to be processed if the defendant is not willing to accept blame or responsibility for the accident (and consequently, your injury). But if you remain strong in your conviction and can present enough evidence, all it takes is a bit of patience and perseverance and you will get the compensation you deserve in the end.

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