Personal Injury Claims Arising from Road Accidents

What is personal injury claims?

Personal injury claims under the Motor Vehicles Act cover a spectrum ranging from minor injuries requiring short-term treatment to grievous injuries resulting in permanent disability. The tribunal considers medical records, disability assessment, treatment costs, loss of income during recuperation, and, where relevant, diminished future earning capacity in determining compensation.

Where an injury results in permanent disability, a disability certificate issued by a competent medical board is generally material to establishing both the nature of the disability and its likely impact on the claimant's earning capacity and quality of life.

When you may need this service

• Persons who have sustained injuries in a road accident as a pedestrian, rider, driver or passenger
• Claimants with a permanent disability arising from an accident
• Persons who have undergone prolonged medical treatment or multiple surgeries following an accident
• Claimants unable to resume their previous occupation due to injury
• Minors or dependants requiring assistance in pursuing an injury claim through a guardian

How LexNova Legal Associates can assist

Typical process

1. Initial assessment

   Reviewing the nature and extent of injury, treatment undergone and its impact on livelihood.

2. Medical documentation

   Collating hospital records, bills, and disability certification where applicable.

3. Filing the petition

   Preparing and filing the claim petition before the tribunal with jurisdiction.

4. Evidence and hearings

   Presenting medical and income evidence and appearing at hearings.

5. Award

   Assisting with post-award steps, including execution where necessary.

Documents and information commonly required

• Hospital admission and discharge summary
• Medical bills, prescriptions and diagnostic reports
• Disability certificate from a competent medical board, if applicable
• Salary certificate or income proof for the pre- and post-accident period
• FIR and police records of the accident
• Photographs or records of injuries, where available
• Insurance policy details of the vehicle(s) involved

Key legal considerations

• The degree of permanent disability, when certified, is an important factor in assessing loss of future earning capacity.
• Claimants should retain all original medical bills and records, as these support the quantum sought.
• Contributory negligence, if found, can affect the compensation ultimately awarded.
• Ongoing or future medical treatment can also be considered by the tribunal where properly evidenced.

Common issues and risks

Legal services for clients across Chennai

We assist injured persons in Chennai, including those treated at hospitals near Saidapet and across the city, in organising medical documentation for presentation before the local Motor Accidents Claims Tribunals.

Related Chennai page: After a Road Accident in Chennai: First Steps Towards a Compensation Claim.

Information on this page is for general informational purposes and does not constitute legal advice. Every matter turns on its own facts; please speak to a lawyer before acting.