Personal Injury Claims
How The Personal Injury Attorney Can Support You
In the event that you wish to claim damages for a road accident, specific procedures must be followed. If you have been involved in an accident between motor vehicles, for which there is an insurance obligation, the drivers of the vehicles involved or, if different people, their respective owners must first report the accident to their insurance company. The personal injury attorney is the best option there.
Report Your Damage
It is necessary to report the road accident within 3 days of the harmful event, by filling in the Friendly Accident Statement form, which, if signed jointly by the drivers involved in the accident, suggests, until proven otherwise, that the accident occurred in the circumstances, in the manner and with the consequences resulting from it. The lawyers here are the bests for you now.
If only material damage or minor personal injury biological damage of less than 9% of permanent disability has occurred from the accident, the injured parties can apply directly to their insurance company i.e. the company with which the insurance contract was signed the claim for compensation so-called “direct road accident compensation ” or ” direct compensation “. A lawyer for you will be useful in every way now.
On the contrary, if the physical damage suffered has led to a serious injury biological damage greater than 9% macro permanent injuries the injured person will have to carry out the ordinary procedure to obtain compensation, i.e. he must contact the insurance company of the person responsible for the accident. The best injury attorneys are there now.
The insurance company, having received the request for compensation for damages which should be sent by registered letter with acknowledgment of receipt, has the burden of responding within:
- 30 days, only in the case of damage to vehicles or things with a double signature CAI form
- 60 days, in the case of damage, limited to vehicles or things if the CAI form is signed by a single driver
- 90 days, in the case of physical injury.
Within the terms indicated above, the insurance company must make an offer of road accident compensation to the injured party who, if deemed appropriate, must be paid to him within 15 days of receiving the communication. A law firm is the best choice for you now.
Road Accident Damage Compensation: What Damages Are Compensable
Damages that deserve to be compensated by way of compensation for road accidents are divided into pecuniary and non-pecuniary damages.
Biological damage connected to a lesion of the psycho-physical integrity of the injured person and moral damage belongs to the category of non-pecuniary damages.
Biological damage consists in the temporary or permanent injury to the psychophysical integrity of the person, which is susceptible of medico-legal assessment. Biological damage is intended to negatively affect daily activities and the relational aspects of the injured person’s life, regardless of any repercussions on his ability to produce income. Go for the law firms for you now.
The items that make up biological damage are partial temporary disability and permanent disability:
- Moral damage is the repercussion that has had the harmful event in the psychic sphere of the subject, victim of the road accident, and is quantifiable in monetary terms, in which the damage deriving from the loss of a close relative must also be included;
- Among the patrimonial damages, that are those that involve a decrease of the ability to produce income, we must include:
- Damages connected to the medical expenses and treatments sustained by the injured person, as well as to the injured person’s assets;
- Damage from specific working capacity, or reduced ability to produce income in relation to the work done and consequential to the injuries caused by the accident;
Road Accident Damage Compensation: Civil and Criminal Action
When the company does not intend to recognize the injured party’s right to compensation for road traffic accident compensation for physical and moral damages or offers a considerably lower amount than the value of the damage, the latter may appeal to the Civil Judicial Authority in order to be recognized correct compensation amount. An attorney is the best choice for you now.
Before establishing the judgment, however, it is mandatory to try to reach a settlement agreement between the parties, through the use of assisted negotiation. The attorneys will help you in every way now. A personal consultation can be useful here.
The judicial action aimed at obtaining compensation for road accident damage can be initiated:
- After 60 days have elapsed from the receipt of the registered letter by the insurance company requesting compensation in the presence of only damage to vehicles or things
- 90 days when it comes to accidents with serious personal injury.
- Once the action has been promoted, the judge hearing the decision will decide on the right and the extent of compensation for road accident damage.
- In the most serious cases of road accidents, from which serious personal injuries result, criminal action is also indicated. It will be possible to file a lawsuit within 3 months of the incident.
- If the injury resulted in a very serious injury or death, the criminal case will be initiated ex officio, without the need for a lawsuit. The best legal help is right here.
The person who has suffered the damage from a road accident can become a civil party in the criminal trial, in order to obtain compensation, in addition to the conviction of the person responsible. Taking legal help is the best choice here.