Personal injury compensation claims are a stressful experience for anyone. Dealing with the aftermath of an accident whilst pursuing compensation can be taxing for even the strongest of individuals. From slips, trips and falls to work accidents and injuries on the road, there are many potential claims that you may have to put in and each has its own chance of failure.
How do I know if my personal injury claim will fail?
There’s no way of actually knowing if your claim will be a success or a failure, with each case offering unique circumstances. However, there are some basic indicators of a claim destined for failure:
- Lack of medical evidence – If you are pursuing a claim for an injury that cannot be categorically proven then you could be fighting an uphill battle. For example if you are claiming compensation for slip or fall on a loose paving slab, but medical examinations reveal that you have not actually suffered an injury, such as a sprain or a fracture, the your claim is likely to fail.
- Questionable liability – If there are questions surrounding who is actually at fault, your claim may be a hard one to succeed with. An example could be falling on a wet floor in a shop, where you think you did not receive adequate warning, although there were signs out.
- Failure to adhere to safety rules – If you are pursuing compensation for a work-based injury that you contributed towards then your claim could be tricky. For example, if you burned your hands while operating machinery but failed to use safety gloves then liability would be your own.
- Contributory negligence – This means that you had some part in the cause of an accident. An example would be that a car on the road that was failing to adhere to the speed limit hit you, but you had run out in front of it to chase an object.
- Failure to report within three years – As a rule, claims for injury must be submitted within three years of the incident. After this period claims may be void, leading to a failed attempt to gain compensation. For example you may have tripped over a misplaced box in an office, resulting in injury, but never reported the incident.