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In common legal parlance, an accidents claim is a written demand for compensation by reason of an unexpected and undesirable event that causes harm or injury to another. Basically, it means money or any other asset that a person can demand from another because of the unexpected harm that was caused. For example, Mr. A while driving his motorcycle swerves to the sidewalk at the last instance to avoid hitting a dog that suddenly and without warning jumps in his path, and ultimately runs over Mr. B. who was exercising reasonable diligence while walking at the side of the road. As a result of the physical injuries Mr. B. suffered, he files a written statement asserting his right for compensation for the injuries he suffered. The written statement filed is an accidents claim.
Accidents Claim procedure differs depending on where it occurred but in general an accidents claim will prosper if filed within a reasonable amount of time from the accident; filed in the proper office; and if the written statement alleges a person at fault, who failed to exercise the type of diligence that was due in the situation; the failure to do so being caused or in some cases partly caused the unexpected event that occurred. The definition of reasonable amount of time, type of diligence, causation varies depending on where or what country the accident occurred.
At the very least there should be two persons involved in an accidents claim. Person means juridical or natural. A juridical person is a creation of the state such as companies, corporations, partnerships, businesses, etc while a natural person is a person thru birth.
There are several types of Accident claims the most common of them are automobile accident claims, claims for accidents at work, and claims for accidents at home. What is important to note is that there are certain specific prerequisites for a certain accident to fall in a particular category. For example, the place where the accident occurred, was it at home, or was it at work? The cause of the accident was the accident caused by power tools, by an automobile, by a pet, or a wild animal?
In general civil claims including motor vehicle accidents prescribe after three (3) years. This means that the injured party has three (3) years from the time the accident occurred to file an accidents claim otherwise the injured party can no longer file an accident claim. For example, Mr. A causes an accident which harms Mr. B on January 1, 2011. This means that Mr. B. has until January 1, 2014 to file an accidents claim otherwise Mr. B can no longer file the case since the law presumes that Mr. B has already waived the right to sue.
Type of diligence may be reasonable diligence or utmost diligence. The former is the type of diligence a reasonably prudent man exercise while the latter is the highest form of diligence otherwise known as the diligence of a very prudent man. An example of ordinary diligence maybe, Mr. A who regularly has his motorcycle checked and always checks on the brakes before using the same. An example of utmost diligence is the diligence of a good father of a family in protecting the children that he loves the most.
Cause maybe proximate which is the direct cause unbroken by any other event. Taking into consideration our first example, the act of swerving to the sidewalk is the direct cause for Mr. B’s injuries. A remote cause is a cause which is removed or does not directly brings about the result or injuries. For example, if the injuries suffered by Mr. B while admitted to the hospital are aggravated by the malpractice or by dirty hospital facilities then the malpractice is a remote cause of injury of Mr. B.
Aside from knowing the prerequisites for filing, a claimant must also document each and every step of the claim, starting from the time the accident occurred, to the time of filing, up to its termination or present status. This is done by keeping photographs of the accident, the police report, any correspondence from the claimant, defendant and attorneys of both parties and the court. All these information will come in handy because while accidents are unforeseen or unforeseeable, keeping proper documentation is common sense.
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