Personal Injury FAQs

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When you have recently suffered an injury, dealing with the legal ramifications can give you dread—even if you are the person who may receive compensation. However, if you work with lawyers and focus on creating the most viable case possible, it will never feel overwhelming. When you have your answers answered, you can move forward with confidence and calm. Not only are McGinley Solicitors here to provide answers to your personal injury questions, we offer solutions to the problems that come your way. Below are some of the questions to ask a personal injury lawyer.

What is a Personal Injury Claim?

One of the common personal injury questions is what a claim is. A claim is when a person involved in an accident that isn’t their fault sustains an injury as a result of an incident. Since this person may be entitled to compensation, the injured party can open up a personal injury claim to pursue justice. Some of these accidents include a car accident and road traffic, occupational injuries, accidents in public places, medical negligence, and accidents on flights and holidays.

How do I know if I have a Personal Injury Case?

If you were in an accident that wasn’t your fault, you could be eligible for a personal injury case and a possible settlement offer. It is important to be honest about the incident, if you were at all at fault it could affect the legitimacy of your case. Your general damages will need to be high enough to warrant compensation claims. If you have incurred physical, emotional, financial, and other traumatic damages, you probably have a personal injury case.

What Constitutes a Personal Injury Claim?

Personal injury claims are the process of seeking a monetary settlement for an injury or illness that was caused by someone else. This can be an accident or due to negligence. One example is a breach of duty, which is when a healthcare worker fails to meet their obligation to avoid injuring a client or accidentally puts them in a dangerous situation. McGinley Solicitors will need to prove that negligence was the cause of the injuries and that physical and emotional damages were suffered as a result of the accident.

What are the Steps to Make a Claim?

The first step of making a claim is to contact McGinley Solicitors for legal advice that will help you with your case. Then we will work together to submit an application to the Injuries Board for an assessment. You will complete the Injuries Board Form in order to begin the claims process. We will gather the necessary documents. After you have begun the application process, the case will go through into the courts. Some parties will want to settle out of court while others will fight you to avoid paying. If the defense doesn’t want to settle, you will have a court hearing. You must go through the court proceedings within the Statute of Limitations.

Can I Claim for a Family Member?

There are a few situations in which you can claim for a family member. One example is if the family member is making a claim for the deceased. If the incident led to a fatality, the family should initiate the claim process. Additionally, if the person who has suffered an injury or damages from an accident is a child, someone will need to file for them.

Will I Have to Go to Court?

While each claim is different, the majority of personal injury cases do not have the person making the claim going to court. The party at fault may seek to settle outside of court. If this happens, you will likely attend a meeting with them. Your solicitor should be there to help you negotiate the terms. When there is no settlement, you will go to a court hearing, which may lead to more court dates to determine the case and amount of compensation.

Do I Need a Solicitor to Make a Claim?

While it isn’t mandated to have a solicitor to make a claim with the Injuries Board, it is highly recommended. To get the compensation you deserve, you should have all the knowledge and information at your disposal. It is important to work with experts who know the likelihood that you will be able to settle or win the case. Solicitors like McGinleys have substantial legal resources to represent the client and see to it that we get as much back for your inconveniences as possible.

How Much is my Injury Claim Worth?

The value of each personal injury claim depends on multiple factors. These include general damages, the non-financial damages such as pain that resulted from physical and emotional injuries and damages following the accident. 

Second is special damages, or the out of pocket expenses that were incurred as a result of the accident. An example of this is lossed earnings if you were out of work, payments for medical bills, and travel costs as a result of the accident. 

Finally material damages refer to the damage caused to your personal property during an accident. It is difficult for anyone to put a value to the claim on their own. That’s why it is typically better to work with a personal injury solicitor.

How Much Should I Expect from a Claim?

It is very tough to know how much you should expect from a claim. The amount of your settlement is subject to factors such as liability, injuries, and expenses. Liability refers to an accident that was 100 percent the fault of the other party. Your claim will be reduced if you contributed to it in any way. The severity of your injuries may also impact the amount you receive. A serious injury that affects the quality of your life and involves medical costs that may lead to a higher settlement amount. Your expenses, otherwise known as your losses are medical bills and lost earnings in the future or past will also play a role. 

If you have been injured in an accident, you could be entitled to compensation. This is especially true when you have lost wages at your job or for another reason. Every injury incurs different compensation, but to get the most out of your personal injury claim you should consult a solicitor. McGinley Solicitors are dedicated to obtaining as much money as possible for your pain and suffering. Our team will work to get you a strong settlement but if the party at fault doesn’t want to settle we will help you take your claim through the courts system.

When Do I Need to Claim for a Personal Injury?

You should claim for a personal injury within two years when you have been harmed by an incident that wasn’t your fault. After two years, accidents are barred from the claims process. There are exceptions, though. For example, when there is a minor involved, if you didn’t know about the injuries, or if you don’t know who injured you, it is still possible to open up a claim.  When you do so, you will not only have the chance to obtain what you deserve, you will get the peace of mind that you did what was right and stood up for yourself when you were wronged.
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