When faced with accidents at work, the first action that you are advised to do is to file for an injury claim.How long does this take? Well, truth be told, it is hard to know the exact period that a certain claim would take. During the initial stages of a claim it is a daunting task to make estimates.
In most cases you will find that lawyers tend to rely on the courts, clients, insurers and even other lawyers in knowing the protocols that are there to be followed. As a firm we take it to our responsibility to fasten the process but with regards to the protocols that are there.Thus, we have to conform to the legal procedures such as giving the insurer sufficient time to retort to the filed claim. Protocols are mainly put in place to fasten claims hence the idea should not discourage you.
The procedure to pledge an accident at work statement/claim is as follows;
Step 1: A letter is posted to the defendant informing him/her of the claim
In this letter the complainant is given the circumstances of the claim. Also, the defendant or the responsible insurers are given a notice that they should compensate the complainant. They are given 21 days to confirm that they received this letter.
Step 2: 3 months period for the defendant’s team to scrutinize liability
After the letter is confirmed, the defendant is given a period of three months to scrutinize the legal responsibility imposed on them. After this period elapses, they can either concede to the claim or deny it altogether. In case the liability is denied, this should be evidenced in a letter.
We take action to make certain that the defendant respond in time. If they fail to respond we take this to the court to demand for response from the defendant’s team.
It is important to have the relevant documents from the defendant as this would be used by your lawyer to offer advice on predictions of your injury claim i.e. the success or failure of the claim.
It is our duty to make sure that the claim is filed as quickly as possible. It is for this reason that there are procedures we have to follow to meet the clients’ expectations. Nevertheless, it is also worth noting that the amount of compensation to be offered to the plaintiff is placed as a priority.
In an accident at work procedure, court proceedings are normally offered in a period of not more than five years after the accident at work took place.
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