How to make your personal injury claim work for you
We’ve had plenty of media coverage in recent months about the soaring injury claim statistics, in particular for whiplash and mental pictures of jubilant claimants, waving cheques for their whiplash compensation and shouting “woo hoo!” The reality is not like that. A bogus claim is not likely to stand up to scrutiny and any solicitor worth his salt will be unwilling to pursue a case that has scant chance of succeeding. So, what does a claimant have to do to make his claim work for him?
First of all, pass the three point test: the accident must not have been the claimant’s fault, he must have received medical treatment and the claim must be lodged within three years of the incident. Those three points are fundamental. After that, an assessment is required to see how severe the damage is, the nature of the injuries and the impact on the claimant’s life. The courts will take into account the evidence immediately connected with the accident or incident, in particular an independent medical report will be required and in certain cases, where disablement or impairment may be long term or permanent, the court will take into account loss of future earnings and future care needs.
So, how does the claim work out? For the majority of claims, the case does not go to court. Usually, the defendant makes an offer and if the claimant accepts it, the case can be settled quickly. If it does go to court, then more rigorous gathering of evidence and details is necessary. It is wise for any accident victim, who thinks he might want to claim, to gather evidence and photos at the scene, to make notes about what happened and ask any witnesses if they would be prepared to make a statement. Particularly the claimant should keep any receipts for medical treatment received as a direct result of their injuries.
If you have been involved in an accident and you want the representative of your personal injury claim to work well for you, contact Accident Advice Helpline for more information.