By Allen Brown
Accidents are a reality and risk to everyone, and when they happen, can bring negative and lasting implications to all parties affected. You may be well aware of the term ‘personal injury insurance’, but a lot of people have little knowledge of what it means to have an insurance policy, or how to make a claim.
Without exception, the process of pursuing claims after an accident is daunting for those who are affected by an accident. But all the challenges multiply when you do not fully understand the details and specifics of an insurance policy or how it is applicable to your situation (such as in the case of a personal injury insurance policy). In this guide, we will help you understand some key points of what an insurance policy does for you, and address a few relevant issues.
This is a question that may appear simple and straightforward, but there is a need to clearly define the term as it sets the foundation for understanding a personal injury insurance policy. The term has been used in the legal context to refer to an illness or injury that may have been caused by negligent actions of another person. In such circumstances, you can explore your options of filing a compensation claim from those who are responsible. Personal injury includes road traffic accidents, medical negligence, getting injured while on vacation, workplace accidents, crime-related injuries, military accidents, abuse, defective products, and at the workplace getting exposed to substances that are injurious to your health.
The time limit that is standard for filing a compensation claim for personal injury insurance is restricted to three years. However, this three-year restriction has varying conditions as to when that time period begins. For someone who has been working in Georgia, was exposed to a harmful substance at work and suffered a personal injury in Georgia, the three-year time would start when the person becomes aware of the health issue. Another condition is when you learn of the cause of death for a loved one due to another's actions, and another is the date that the injury was inflicted on you or your loved one. However, personal injury claims that involve a defective product can be made within 10 years from the date the the product went to circulation.
One exception to these conditions is when it comes to children, mentally challenged or differently-abled individuals; they are exempt from this time limit restriction. And too, it's important to note that the time duration and corresponding legal processes will vary depending on the country in which the injury or illness happened.
No one should have to deal with an accident or injury on your own. While it is of utmost importance to make sure you understand the process of making a personal injury claim with your insurance policy, the first thing that may be just as important is to seek the services of a professional and experienced personal injury lawyer who can guide you throughout the process and take the best course of action for your unique situation. It may surprise you to consider that determining who was at fault when the injury or illness happened would be the next step, especially if you have an attorney to help you. Understanding all the details of your situation, your lawyer can then work up a compensation claim or a settlement proposal that will be designed to maximize your gains.
Don't assume you will only get a low or even average compensation amount for your personal injury claim, because compensation varies from one situation to the next. There are two main components of a personal injury claim or compensation amount: general and special damages. General damages are all about compensating you for the pain, injury, or suffering, while special damages compensates you for the expenses that you may have had to bear in the process. So, it isn't always easy to estimate the minimum or maximum compensation amounts that you can claim. This is why a professional personal injury attorney would be the best person to evaluate your situation and line out the best possible compensation for you that is uniquely adapted to your needs.
There are various factors that may play a role in the amount of personal injury compensation that you may receive. These factors include expenses that you have been bearing because of the personal injury, the severity of your illness or injury, the requirement of care in the future, support, rehabilitation or therapy, and household adaptations are just a few that come into play.
There is no one-size-fits-all set time for a personal injury claim because, as listed above, it depends upon your situation, severity or complexity of the injury, and the length of time it may take to gather enough evidence. To best represent your case and to ensure that your rightful amount does not get muddled in the legal debate, don't compromise on getting sound legal representation.
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