Can Victim Apply For Advance Payment In Claims For Compensation?

In some localities the law allows designated victims to apply for an advance on the payments that would serve as compensation for their injuries. Lawyers welcome the passage of such legislation. Still, those same members of the legal profession want all victims to understand the process that should be used by a victim that plans to request and acquire an advanced payment.

The legal process used by victims can proceed with or without the existence of a mechanism for distributing the advanced funds. Lawyers can operate in a locality that does not have such a provision written into the law. Still, lawyers welcome its existence, as will be explained later in this blog.

Tasks that become the victim’s responsibility, if the advanced funds are desired

First, the plaintiff must show that in all likelihood, the defendant should be held liable for the harm that has been done to him or to her. In light of the entire injury claim process, that is not an unreasonable demand. Obviously, an accident that victim that has kept a record of all doctors’ appointments and all the visits to treatment facilities should be in a position to carry out that particular responsibility.

Victims that also have witnesses manage to increase further their chances for gaining approval of their request. If they have collected both statements from witnesses and photographs, then their chances will be further enhanced. On the other hand, a victim’s request could well be denied, if a defense attorney could introduce pictures that had been posted online.

Those pictures would have demonstrated the plaintiff’s ability to take part in all sorts of social activities. An insurer would delight in discovery of such photographs. After all, insurance companies are in no hurry to provide a victim with any money, even the money that an injured policy holder deserves.

Next the victim/plaintiff must offer proof of a stated fact. That is the fact that he or she would be unable to prosecute the claim that has been filed without gaining access to some additional funds. Certainly the costs amassed by an accident victim could pile up to the point where the same person had exhausted all of his or her existing funds.

The court has not denied that possibility. Hence, the courts have made it possible for a designated victim to go after advancement on the anticipated payments. Naturally, the legal system has also made it clear that advanced funds can only be given to those victims that have provided the necessary materials.

The lawyer’s role in the victim’s pursuit of an advance on a promised payment

Lawyers can use the possibility of an advance to their advantage. The existence of that possibility makes it all the more obvious that an accident victim can benefit greatly by hiring an attorney. Moreover, because the law acknowledges the financial situation of many victims, a personal injury lawyer in Medicine Hat can press harder for agreement on a settlement.