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February 2, 2024

How to make a personal injury claim in Jersey

Clare Woodhouse

CLARE WOODHOUSE

Personal injury in the context of any legal claims, refers to any harm (physical, psychological, emotional or financial) suffered by an individual due to the negligence or wrongful actions of another party.

If you have suffered a personal injury in Jersey and it was the fault of another party, you may be entitled to claim compensation in order to help you recover or to live the life you were leading before your injury.

Here is a step-by-step guide to the claims process.

How do I start a personal injury claim?

Download the PDF Guide

How to make a personal injury claim in Jersey.

Seek medical attention

First, seek immediate medical attention for your injuries. This not only ensures you receive appropriate treatment, but it also creates a medical record that can be crucial evidence in your case.  Make sure to keep copies of all medical documents and bills related to your injury, as they may demonstrate the pain and potential suffering caused as a result of the other party, but also because you may be entitled to a refund for the medical expenses you have incurred.

Assessing the validity of your claim

Before proceeding with a claim, it is important to assess if you have a valid case. In Jersey, personal injury claims are subject to a three-year time limit from the date of the accident or when you became aware of your injury. It is also important to establish that the injury was a direct result of someone else's negligence and that they owed you a duty of care. Consulting with a personal injury lawyer can help you determine the validity of your claim.

Gathering evidence

In order to strengthen your case, gather as much evidence as possible. As well as medical records, this may include police records, witness statements, photographic evidence and any other relevant documents that support your claim.

Negotiating with the responsible party

In Jersey, personal injury claims are usually settled outside of court through negotiations. Your lawyer can help you negotiate with the responsible party (usually their insurance company) to reach a fair settlement for your injuries and related expenses.

Filing a claim in court

This process can be time consuming as it usually involves both parties. Setting our their respective cases and the evidence they have to support their positions. Ultimately if matters cannot be agreed, the case will go to trial and a judge will decide whether you are due any compensation and how much. If an agreement cannot be reached through negotiation, your lawyer may advise you to file a claim in court by issuing proceedings.

Understanding compensation

Compensation in personal injury claims is divided into two categories - general damages and special damages.

General damages refer to the physical, emotional or psychological harm suffered as a result of the injury, while special damages cover any financial losses incurred such as medical expenses, loss of income and other related costs.

Seeking legal advice

Navigating the personal injury claims process can be complex, so it is recommended to seek legal advice from a trusted personal injury lawyer. They can guide you through the process and ensure that you receive fair compensation for your injuries.

Additional Information

  • It is important to note that while most personal injury claims in Jersey are settled outside of court, it's always best to be prepared for the possibility of going to trial.
  • It is also important to keep track of any expenses related to your injury and keep receipts as evidence for potential compensation.
  • If you're unsure about the validity or strength of your case, seeking legal advice can help clarify any doubts and provide guidance on the best course of action.
  • It is also recommended to seek legal advice as soon as possible after the accident or injury, in order to ensure that all necessary documents and evidence are gathered and proceedings are issued (if required) within the time limit.

Types of Personal Injury Damages

Medical negligence claims

Clinical negligence claims are legal actions taken when a medical professional or healthcare provider fails to abide by their professional obligations, causing harm to a patient.

These claims are often complex cases where the injured party seeks to recover damages from the liable person due to substandard treatment or care that falls short of reasonable accepted medical standards.

Road traffic accident claims

If you  have been involved in a car accident and sustained injuries due to another party's fault, you may also have grounds for a claim. These incidents often involve consultation with medical experts who assess the extent of your injuries.Liability then needs to be determined and how much compensation you might be entitled to.

In terms of cost, some law firms in Jersey offer a " no win no fee" service.

This means that you only pay legal fees if your claim is successful. It's crucial, though, to understand that this does not cover all costs. For example, you might still be liable for the other party's legal expenses if a costs order is made against you.

In some cases, your legal expenses insurance might cover these costs. If you are unsure, it is recommended to seek advice from your insurer or a lawyer. In certain situations, the Criminal Injuries Compensation Board may provide a damages payment.

Workplace accidents

If an incident happens at work and you sustain injuries, you could potentially file a claim against your employer.

Can you claim personal injury without going to a doctor?

Medical records are usually critical evidence in personal injury cases. Without them, it can be very difficult to prove the extent of your injuries and the impact they have had on your life.

What do you have to prove in a personal injury claim?

In a personal injury claim, you must prove three key elements: duty of care, breach of duty, and causation.

The defendant must have had a duty of care towards you, they must have breached that duty, and that breach must have directly caused your injuries. Proving these elements requires extensive evidence, which is why it is vital to work with a skilled personal injury solicitor.

How much do you get for a personal injury claim?

The amount of compensation you can receive from a personal injury claim varies greatly depending on the specifics of your case. Factors that can influence your settlement include the severity of your injuries, the impact on your ability to work, and any emotional distress you've experienced. Your lawyer can help you calculate an appropriate amount for your claim.

If you've been affected by a personal injury in Jersey, don't hesitate to reach out for legal assistance.

Contact our personal injury specialists on 875875 or via email at info@benestsyvret.com to discuss your potential compensation claim.

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