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Monday 22 April 2013

Making Contingency Plans While Demanding Compensation Claims


Your Successor
Just like life, the claiming process is replete with surprises. As has often happened in the past, a lawyer who seemed to be the perfect representative of his client may end up losing his compensation claims precisely because his arguments were too good and stretched credulity for such reason. It has also happened that specific articles of evidence which were arrogantly dismissed by the claimant’s lawyer ended up winning his claims for him because these articles, unbeknownst to the lawyer but not so for the client, held an incriminating characteristic. The point is that the claiming process is never completely mastered by any kind of professional, be it judge or lawyer, because just like the intricate nets of life itself, the facts involved herewith are flexible, permeable, and dynamic.

You can never go wrong, therefore, in preparing contingency plans. Contingency plans are those which are done so in order to avert the impact of possible events detrimental to your winning your claims. They are the buffers you create in order to handle the shock of incapacity, loss of money, loss of evidence, or retraction by witnesses. In preparing such plans, you should prioritize the first one mentioned. You should have it in writing who you plan to transfer your authority as a claimant to in case you suddenly become unavailable to prosecute your claims.

Witnesses and Evidence
You can never have too many articles of evidence and witnesses. In demanding compensation claims, the courts are bound to collect the facts of the case and interpret it in anybody’s favor depending only on the merit of these facts alone. Now, as it is your articles of evidence and testimonials from your witnesses that will provide such given facts, the more you provide of them, especially those which will tip the balance in your favor, then the more feasible is your chances of winning your claims.

This condition is actually one of the most sterling qualities of our courts and our justice system. By relying exclusively on evidence and credible witnesses, our courts, and moreover, their penned decisions, we can be assured of will be made only in the spirit of integrity, probity, and honesty. Their absence from the scene of the crime is actually a boon for them because it liberates them from falling into the dangerous habit of deciding cases based purely from a momentary and imperfect though heated and enthusiastic view. By searching for the truth only through a cautious and logical stitching of facts, they are able to retain their calm neutrality while at the same time their penetrating logic. No citizen, to be sure, should ever be allowed to become a judge unless he can attain this honorable frame of mind.

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