Understanding the Personal Injury Legal Process
Introduction
Suffering a personal injury can be a traumatic experience, and understanding the legal process and what it entails is very important to feel confident in the process and to know what to expect. This article provides a brief overview of the steps of the process.
Instructing a Personal Injury Lawyer
A qualified Cyprus lawyer who has solid experience in Personal Injury can evaluate the strength of your case and guide you through the process. An experienced lawyer will be able to assist you to obtain fair compensation and based on his/her experience with similar cases and knowledge of the relevant laws.
Establishing Liability and Causation
To succeed in a personal injury claim, it is essential to prove that the injury resulted directly from the defendant’s negligence. This involves demonstrating a duty of care, a breach of that duty, and a causal link to the injury sustained. For car accidents, a police report is crucial to determine which party was liable for the accident or if there was contributory negligence. Further, in cases of medical negligence, a report from a medical expert on the issue of liability is extremely important to demonstrate whether the doctor/hospital in question has offered sub-standard treatment which caused your injury.
Collecting Evidence
It is very important to collect all relevant documentation, including medical records, medical reports and any other relevant documents. This evidence is crucial in establishing liability and the extent of damage. It is very important to collect all invoices and/or receipts that will help calculate the special damages you can claim. Moreover, you need to collect medical reports from all the doctors that have treated you which will explain in detail the treatments you had, the symptoms you have and the future prognosis for your health.
Calculating Damages
Damages in personal injury cases are generally categorized into two categories:
General Damages: Compensation for non-monetary losses such as pain, suffering, and loss of amenity.
Special Damages: Compensation for quantifiable financial losses, including medical expenses, other expenses and lost earnings.
Your lawyer will determine these damages based on the documentation you provide and based on past case law. Case law is relevant to the calculation of general damages by looking at what the Courts have previously given for general damages for the same or similar physical injuries. Documentation of expenses incurred due to the personal injury sustained will be considered to calculate precisely special damages.
Negotiation out of Court
Often, personal injury claims are settled out of Court through negotiations with the defendant or their insurance company. A lawyer can negotiate on your behalf to achieve a fair settlement. A lawyer would be able to submit a detailed letter of claim once all relevant documentation has been collected, and once the claimant’s health condition has been stabilized. It would not be sensible to submit a claim if the claimant’s health condition changes and if, for example, more surgeries will be needed soon.
Litigation
According to the Civil procedure Rules in Cyprus, it is obligatory that the claimant seeks to settle the claim out of Court before proceeding with Court action. However, ff a settlement cannot be reached, the case can proceed to Court. Your lawyer will represent you throughout the litigation process, presenting evidence and arguments to support your claim. The Court process is more time efficient than it used to be, but it is still likely to take at least a few years to completion. Many cases are settled before they go for a trial, but some cases do go all the way to a trial.
Our Services:
Our firm is highly experienced in Personal Injury, having managed many such claims, including two rather large claims settled within the last year. Our Cyprus law firm can guide you through the process and offer the following services:
- Offer preliminary advice as to whether there is a good case or not and explain the process.
- Advise you about the documents that need to be collected.
- Liaise with the relevant doctors to seek to obtain your medical records.
- Instruct any relevant doctors to draft medical reports about the issue of liability (in cases of medical negligence) or to draft reports about the treatment, symptoms, prognosis etc. of the claimant.
- Draft the letter of claim to the defendant and/or the insurance company seeking to settle out of Court.
- Negotiate with the defendant and/or the insurance company pursuing an out of Court settlement.
In the event of failed efforts to settle out of Court, issue Court proceeding and manage these until completion.
