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> Accident Claim Court case

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andrewhtf
post Feb 13 2019, 10:41 AM

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1. How long the process will take? until u got compensation.
Depends on the court process. it usually takes between 1-5 years.

2. How many time u need to go to court?
Depends on the court process. but usually you only need to be present when you are needed to give statement, explain your situation and get cross-questioned by the other party lawyer. otherwise you dont need to attend even if the court is proceeding in session with other witnesses. but your lawyer would still advise you to attend and standby just in case.

3. How much lawyer will charge u?
Usually 20% of the settlement from the other party, and then only minus off all those misc admin fee, hospital reports & checkups, PI, court paperworks and other expenses (especially minum kopi). you get the balance.

4. what u can actually claim?
Bodily injury. there is a rough estimate of how much compensation amount per type of injury. Kalau takat luka2 then dont bother lah, lawyer oso dowan fark you. but if tulang patah la, bedridden lah, lost of bodyparts etc those major2 ones, then you can get compensation. PROVIDED fault of the other party can be proven.

but usually your lawyer will send a demand letter (usually to the other party punya insurer) asking for compensation when there is clear cut fault of the other pary, and if the amount demanded is within reason, this situation wont reach court one. they would either pay and close case or offer you other amount that they deem fair, and then subject to you & lawyer whether to accept or demand again. ding dong ding dong until an agreement can be reached

Things only go to court if the above failed - usually your demanded amount is too high, or you are partially at fault or there is no clear cut fault and they can argue for lower compensation. when it goes to court, then the judge will decide on the quantum of payout.

This post has been edited by andrewhtf: Feb 13 2019, 10:43 AM
andrewhtf
post Feb 13 2019, 11:48 AM

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QUOTE(dosnx @ Feb 13 2019, 11:28 AM)
ooo..
1. my lawyer said all those misc admin fee, hospital reports & checkups etc will be charge to the sued party.

2. how much usually for broken bones?
*
1. this one i am not sure, but from my experience, deducted from the payout.

2. i have no knowledge of the figures, but your lawyer should have the estimates. what kind of bone, what severity of damage etc...
andrewhtf
post Feb 13 2019, 12:07 PM

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QUOTE(dosnx @ Feb 13 2019, 11:58 AM)
broken leg: fibia & tibula
broken shoulder
broken ribs
crushed fingger
6 month not working
*
better ask your loyar
andrewhtf
post Feb 13 2019, 02:52 PM

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QUOTE(homicidal85 @ Feb 13 2019, 01:51 PM)
this is a very detailed answer. nice. you a lawyer bro?

my friend's wife is an accident claim lawyer. she specializes in cases like this. injury claim from accident. she's making a damn good living.
*
if i am loyar i wont have to survive with less than rm2k a month lah... data entry clerk je.

this is based on my own personal experience lah. many years ago punya case. poorfag ride kapchai to work kena langgar. driver claim i ride too fast and langgar his car but actually is he drive too fast potong kiri kanan and swiped kaw me who is only minding my own business. he bising2 at police station, sarjen oso malas mau layan terus say dua-dua sarahan.

so in the end pasang lawyer kasi sue kaw him for my fractured leg injury (actually he no loss oso, his insurer kena only mah). luckily got good kind souls willing to become my witness. my loyar got hold of dashcam video showing he swiped kaw me, but too bad dashcam video not accepted as evidence in court, but still with the hard work of my loyar, argue until court approve 50% settlement boz sarjen testify say 50-50 fault. (hamjad jilakak i curse kaw that sarjan beranak no buntut)

dapat duit after minus all those misc expense (including the "appearance fee" for the sarjen, who release aeroplane for 3 times when called to testify at court, each time he was called, rm300 cheque is issued to him K&NCCb. only came after the 4th time being called) cover back my surgery cost and balance money to buy another kapchai.

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