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Tuesday 14 May 2013

Compensation Claims and Specifics

Precision as a Virtue

Perhaps the first adjustment that first-time claimants need to make when demanding compensation claims is to distinguish general from specific remarks. It is an understood philosophy in ordinary conversations that bare assertions can sometimes supplant solid arguments. Because of the everyday and non-serious nature of most cursory talk, we do not see the need to qualify our statements or place an army of proofs to adduce any of them. On the contrary, we are content with merely stating our opinions and expect other people to agree with us. In case they do not, then we can expect that then and only then will we find ourselves in need of arguments. The mere fact that anyone can contradict us, however, or point out any flaw in our reasoning is so uncommon that except in books, we can expect others to just weakly smile or dismiss what we said than engage us in overt confrontation.

In the courts, however, things are understandably different. Here, any written assertion made must be countersigned by a professional lawyer and if any part of it could be discovered as having been falsified, then the person who stated it could be held in contempt, even imprisoned, depending on the gravity of the lie.

When Claiming, Specify

It is not enough to launch general accusations when demanding compensation claims. Anyone could do that. More than this, you must supplement and verify your general assertions by advancing cogent proofs. Only by packing complete arguments into the courts can you expect to score a victory. Since this requirement of backing up everything you assert while making suit is understandably new to many first-time claimants, which is not their fault at all because ordinary conversations are not as critical, those who are aware of it and are able to come to hearings with airtight arguments usually win in the end.

Second, more than just attaching proofs to your assertions, you must also strive to be specific. For example, if you are demanding an accident at work claim, then you must explicitly explain exactly what injury you incurred and exactly how someone irresponsibly caused it. It is not enough that you assert that you were hurt because of someone. You must show, for example, that you broke your neck because your employer hired an incompetent driver and crashed the vehicle you were both riding. The secret, therefore, if there is any secret, in claiming compensation is to be precise, detailed, and meticulous.

4 comments:

  1. To have a strong case that a lawyer would consider to take on a no win no fee basis, you have to have evidences. Evidences that will prove your injury and also the negligence of someone. Your lawyer will be able to put up a list of evidences you should be presenting in court so you wouldn’t have to worry about it.

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  2. It is wise to retain a lawyer when trying to make a claim. They may be able to defend you and increase settlement amounts for they have the enough knowledge and experiences when it comes to making claims.

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  3. Insurance companies may try offering lowball settlements to plaintiffs who are not legally represented. So you shouldn’t be talking to them without a lawyer by your side.

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  4. Medical reports should be enough to prove that the injury was in fact cause by the accident. While witnesses and some photographs could prove the negligence of the defendant. These could all be use by your lawyer for you to win your settlements.

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