The realm of personal injury law covers injuries incurred from traffic accidents, workplace accidents, and botched medical procedures, among others. The reality that all would-be claimants must come to terms with is that filing a personal injury claim is often tedious, difficult work. Moreover, there are several obstacles to receiving compensation in a timely manner: for one, the red tape of government agencies and insurers, and/or another party disputing your side of the story.
In light of these difficulties, it’s worth it to ask yourself:
- Is making a personal injury claim always the right solution?
- Will you need the help of an agency, or an insurer, or a personal lawyer given your situation?
- What factors will influence the veracity—and ultimately the success—of your claim?
This feature will serve as a quick guide on personal injury claims: how to decide whether to make one, how to gauge your eligibility, and how to see a claim to its fruition.
What Factors Govern Your Personal Injury Claim?
The ideal legal approach to your redress depends on these four factors: (1) the insurer’s coverage, (2) the gravity of your injuries and the complex nature of the incident, (3) the thoroughness of your documentation, and (4) the limitations to the type of claim you’re filing for.
1. How much of the incident is covered by an insurer?
Do note that another person’s insurance may prevent you from collecting on damages. This is often the case for companies in light of workplace accidents and individual drivers in light of motor accidents. Plus, if the other party doesn’t have an applicable insurance coverage or few assets to pay for your damages, trying to sue them will prove frustrating for you.
Sometimes your best recourse is to draw compensation solely from your insurance coverage. For a relatively minor injury, this is the path of action that is the least troublesome.
2. How serious are your injuries, and how complex is your situation?
But let’s say you have incurred a grave injury that may affect your livelihood, and it’s your story versus that of a moneyed and powerful client. For cases like these, you are definitely qualified to make a personal injury claim and to get the assistance of a personal injury lawyer.
Your lawyer will help you determine the type of damages to collect, whether they are general or special damages. Calculate exactly how much compensation to demand (based on current expenses, potential loss of future earnings, and other factors), and you can then align the legal process with your best interests.
3. How thoroughly have you documented the process?
There’s a lot of documentation involved in filing a personal injury claim, which includes the following:
- Official reports
- Photos, videos, and/or audio recordings taken at the scene
- Written statements
- Medical reports
- Medical bills and invoice
- Insurance coverage
- Evidence of past violations on behalf of your opposition
It’s true that it will take up a lot of time and resources to compile, but the more thorough you are in gathering evidence, the more credible your case will appear.
4. How timely are you in filing your claim?
Make sure you know the deadlines if you want to claim compensation under an existing law, such as Singapore’s Work Injury Compensation Act (WICA). WICA requires that the claimant file for compensation of a permanent injury within one year of the incident. For other types of injury, however, the deadline is not so strict.
If you are going the route of hiring your own personal injury lawyer to make a claim, time is still of the essence. You and your lawyer should go about the preparations as soon as possible.
Viviene Sandhu: One of Singapore’s Champions in Personal Injury Claims
Interested in finding a lawyer who is well-versed in filing personal injury claims? Once you check out Viviene Sandhu, one of Clifford Law’s most decorated partners who will find the type of legal advocate you’re looking for. One of Viviene’s areas of expertise is personal injury law, and she has helmed several landmark cases on vehicular accidents in her home country of Singapore. Viviene will leave no stone unturned in your fulfillment of a personal injury claim.
