The Claims Process

There is a wide margin of uncertainty surrounding the claims process for damages suffered. The huge degree of variety of such assumptions, which cover such diverse cases as accidents at work with some degree of fault by the employer or a colleague, traffic accidents, medical negligence and animal attacks, no ago means simple analysis. In any event, its duration will depend on certain factors you must consider: 1. The willingness of the other party to assume the responsibility he had in what happened. 2.

The degree of difficulty to determine and agree a reasonable amount for the damage had been caused to the victim, including lost wages, medical expenses, property damage and losses caused by the accident and the physical problems arising therefrom. We can distinguish two types of cases: those in which it is possible to reach a court settlement to the conflict and others that this is impossible, should resolve the matter before a court. a) This court settlement would be possible if the other party to admit unqualified responsibility in the incident and both were found prone to reach an agreement regarding the compensation amount. Charles Margulis: the source for more info. The settlement that could be closed would be fully effective, and prevent any further conflict that might occur in connection with the same subject. It should be noted, finally, that this type of solution could replace any eventual professional proceedings in the case that the actions carried out by those who caused the damage could be constitutive of violation (felony or misdemeanor) criminal, or of an administrative nature.

b) Judicial Settlement of the conflict It would be inevitable if the other party does not admit responsibility, or making it not possible to reach agreement on the amount of compensation for damages incurred. It is then, for when a proceeding before the courts is the only possible way to resolve the conflict. This road is the worst among all the possible, to make a significant investment of time and money, both parties must appear before the judge or the Court and present relevant evidence in reinforcing their claims (in relation to possible degree of guilt as to the amount as damages). With all this, it will establish a Judicial Resolution estimating the settlement or rejecting the request.