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By: Adriana Noton
If you have been harmed by the actions of another, you have recourse in law. A personal injury compensation claim can be made by anyone who has suffered from the negligent action of another person. This claim can be made even if the claimant was partially responsible for the harm. The law permits the recovery of compensation calculated according to the degree of fault of the other person. A personal injury lawyer should be consulted to determine the rights and benefits that are due in such situations.

If you were hurt in an automobile accident, motor vehicle injury accident benefits can be recovered from your insurance company. Compensation is due, regardless of fault. Injured parties are entitled to benefits under the No Fault Accident Benefit system. Even If you do not have an auto insurance policy, it is still possible to collect these benefits.

Soon after the accident, an application needs to be submitted to the insurer. The amount of compensation to be received depends on the individual circumstances of the case. Benefits are provided according to the relevant statutory schedule.

At this time, you may also receive notice from the insurer that in order to file a claim in court, the damage needs to meet the requisite statutory threshold. This is indicated in the applicable regulations under the pertinent section of the Insurance Act. These also indicate the evidence required. Basically, if the injuries are serious and result in permanent impairment of an important function, this threshold has been met.

If a case is to be commenced, it is important that the lawsuit be filed before it is time barred by the passage of the limitation period. What is the applicable limitation period depends upon the case. There may also not be a definite time limit, as in some cases the period can be extended. It is very important to know the applicable time limit in your case.

Many cases reach settlement before the case goes to trial. But, the lawyer who is selected should have trial skills, in case a trial is required. The lawyer who is hired should be willing to proceed to this stage, if necessary.

For a court action, victims typically have two years from the date of the occurrence to commence their lawsuit. The courts will award damages based on the principle of loss. Compensation will be determined by certain key factors such as pain and suffering, loss of earning capacity and the cost for future care. The compensation amount could be subject to a deductible, depending on the amount claimed. Family members may also be compensated, due their loss of relationship with the injured party.

Where there is paraplegic and brain injury, such cases have complicated issues to consider. They will likely also require costly professional assessments. It is therefore very important that the lawyer be financially able to carry the cost for the trial duration. Such assessments are especially critical where there is irreversible harm to the spinal cord and where brain damage may be undetectable. An irreversible harm to the spinal cord requires an adequate life settlement that is sufficient to cover the necessary costs. Brain injuries that are difficult to detect present a distinctive challenge, as any such harm may have serious ramifications. It requires skill to determine potential latent effects in these cases. The compensatory amount should be sufficient for any future assistance needs. A personal injury lawyer will review the circumstances of your situation and discuss your potential courses of action.


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