USA Accidents Claims
Should you sustain an injury in a road accident, a work accident or an accident in any place of public access, you may be entitled to make USA accidents claims for compensation if it can be proved that somebody else was to blame – even partly – for your injuries. Most people are aware of this fact, but many have misconceptions about the process for making accidents claims in the United States or even if it is worth their while.
Making accidents claims in the United States can be complicated – particularly if nobody has seen your accident, if evidence of negligence is removed immediately after you sustain an injury or if the negligent party deny their responsibility for causing the accident. Factors such as whether you contributed to your injuries by your own lack of care can also hinder USA accidents claims for compensation and different time limits may apply to how long you have to make accidents claims in the United States depending on the nature of your injury, where and when it occurred.
This article aims to cover many of the questions that USA accidents claims lawyers are frequently asked, but it is no substitute for seeking individual and practical advice from a legal professional.
Eligibility to Claim for Accidents Compensation in the United States
You will be eligible to claim accidents compensation in the United States if it can be shown that you sustained an injury which was attributable to another person´s negligence or the lack of care by an organisation that had responsibility for your health and safety. Even though that person or organisation may not have been directly responsible for your accident, if they have caused it by a lack of attention, deficient training or failing to monitor a potentially hazardous situation they are ultimately accountable if you are injured in an accident which was not your fault.
Scenarios which frequently result in USA accidents claims include:-
- Accidents Claims for Injuries Sustained in Road Traffic Accidents
- Accidents Claims for Injuries Sustained at Work
- Accidents Claims for Injuries Sustained in a Shop or Supermarket
- Accidents Claims for Injuries Sustained in a Restaurant or Bar
- Accidents Claims for Injuries Sustained on Holiday
- Accidents Claims for Injuries Sustained due to Medical Negligence
- Accidents Claims for Injuries Sustained due to a Faulty Medical Device
This list is by no means exclusive and, if you have sustained an injury in an accident for which you believe you may be entitled to claim for accidents compensation in the United States, you should speak with a USA accidents claims lawyer at the earliest possible opportunity.
Your Health is More Important than Making Accident Claims
Whenever you have sustained an injury in any accident, your first consideration should be that of your health. Without a record of a quantifiable injury in your medical notes, it will be impossible to claim for accidents compensation in the United States. Therefore, even if you have received first aid at the scene of your accident, you should not hesitate to visit the accident and emergency department of your local hospital or make an appointment to see your family GP as a matter of urgency.
To delay seeking a professional medical examination could be harmful to your claim for accidents compensation as well as your health. How much compensation you are eligible for may be reduced if it is proven that your tardiness to see a doctor at the first possible opportunity contributed to the severity of your injury. It could even be claimed that your accident happened away from where you allege and liability for your injuries denied; resulting in a protracted legal case which may not be resolved until your accidents claim for compensation reaches court.
Procedures Prior to Making USA Accidents Claims for Compensation
Once you have received medical attention for your injuries, there are a number of procedures you should complete which can help strengthen your accidents claim for compensation in the United States. You may not be able to complete them all if your injuries prevent you from collecting evidence of negligence; in which case you should ask a friend to help you or engage the services of an USA accidents claims lawyer.
The first procedure to complete is to make a report of your accident in the “Accident Report Book” relevant to your injury. This could be at the police station, at work or at a place of public access at which your injury was sustained. This gives you the opportunity to record in writing your version of how your accident happened and what injuries you sustained. You should keep a copy of your accident report to provide to your lawyer.
You can also strengthen your claim for accidents compensation in the United States by taking photographs of the hazard due to which you sustained your injury and compiling a list of people who saw how your accident occurred and will act as witnesses if required. In certain circumstances, a lawyer would also try to obtain footage from roadside cameras and CCTVs which could support your USA accidents claim.
Making Claims for Accidents Compensation in the United States
Once you have completed the initial procedures – and if you have not done so already- it is recommended that you discuss the circumstances of your accident with a USA accidents claims lawyer. A lawyer will look at the evidence you have collected, establish that you have a claim for accidents compensation which is worth your while to pursue and send a Letter of Claim to the negligent party advising him or her that you are making a claim for USA accidents compensation and explaining the reason why.
The negligent party has twenty-one days to acknowledge the letter and a further three months in which to inform your lawyer whether they accept liability for your injuries or not. If they recognise their liability for your injuries, your lawyer will calculate how much compensation you are entitled to and enter into negotiations with the negligent party´s insurers. Should the negligent party deny their liability, your lawyer will issue court proceedings which often has the effect of bringing the two sides to the negotiating table depending on the strength of your claim. Failing a negotiated settlement of your USA accidents claim, litigation in court may be necessary.
Free Accidents Claims Advice
In most cases of accidents in the United States, the negligent party is genuinely concerned that his or her negligence has resulted in you sustaining an injury – and they will admit their lack of care immediately. However, it is still in your best interests to discuss your entitlement to accidents compensation with an experienced lawyer to ensure that you receive a full and adequate settlement of your USA accidents claims in the shortest possible time.
In order to help you get individual, practical legal advice, we have established a free accidents claims advice service which you are invited to call should you have sustained an injury in an accident for which you were not totally to blame. Our lines are open 24 hours a day, seven days a week, or you can take advantage of our “Call Back” request forms on this page and one of our experienced team will get back in touch with you at a convenient time.
Kindly note that you are under no obligation to proceed with accidents claims for compensation once you have spoken with us, and all calls to our free accidents claims advice service are completely confidential. In addition to receiving compensation for your injuries, making a claim for accidents compensation may prevent the same injuries being sustained by somebody else.