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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    When claims are not justified


    The idea of making a claim for accident compensation can be a somewhat daunting prospect. However, that does not mean it’s something you should shy away from should you feel that you are due accident compensation.

    On the other hand, it’s also of the utmost importance that you don’t waste considerable time and effort chasing a claim that is never going to succeed. Claiming for accident compensation is a decision that needs to be made with a clear head having considered the following elements.

    When were my personal accident injuries suffered?

    In the vast majority of cases, the accident at work or elsewhere has to have occurred within the last three years in order for any compensation claim to be valid. There are a few exceptions to this rule, including:

    • Instances where the victim was a minor at the time of the accident;
    • Industrial diseases, such as damaged lungs from asbestos inhalation or other health complications developed in later life.

    It’s for this reason that decisions regarding claiming for accident compensation need to be made relatively quickly.

    Were my personal injuries caused by someone else?

    Assessing fault and establishing blame is a key part of the accident compensation claims process. For your claim to have any chance of success, you will need to be able to prove that the accident occurred due to negligence on the part of someone else.

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    For road traffic accidents, this could be the fault of other drivers or cyclists while for work accidents, blame can often be laid at the door of employers because of faulty machinery, poor working conditions etc.

    There may also be a case for slips, trips and falls in public. It’s the responsibility of the local authority to maintain pavements and streets so if they are in poor condition and causing accidents, there are claims to make.

    Do I have enough evidence to back up my compensation claims?

    The more evidence you have to back up your claims, the better your chance of success. This can come in many forms, including:

    • Photographs. Lots of photographs. Showing both the environment and the immediate aftermath of an accident can substantially back up your version of events
    • Witness statements. The more the better. Ditto the amount of detail. In the case of car crashes and bicycle accidents, the statements and details of all involved can be invaluable.
    • Doctor’s notes detailing the extent of any injuries suffered.

    Date Published: November 4, 2013

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.