With the pace of modern life, accidents can happen anywhere at any time and affect any one of us no matter how careful we are. Sometimes accidents are just that, genuine accidents and part and parcel of life. In other cases, someone can be at fault for an injury which means that it can have been prevented.
What are personal injury claims?
Personal injury claims exist to allow people who have been hurt through no fault of their own the opportunity to seek justice. Accidents can have far-reaching consequences on both the victim and their families, leaving people out of work, with hefty medical bills or just unable to do the things that they love. Personal injury claims are a legal case which you are entitled to start if you’ve been injured in an accident which aren’t your fault.
Nobody who has been hurt through the negligence of someone else should have to just accept their fate, instead if you have been hurt you should enquire about your chances of making a personal injury claim.
Can I claim?
If you have sustained an injury caused by an accident which wasn’t your fault then you may be able to make a successful claim. Personal injury claims can be put forward if your accident happened within the last three years’ and you can prove it was the fault of someone else. This could be an accident at work where you injured yourself due to a lack of training, a road traffic accident which another car drove into you as they didn’t stop in time, if you were riding your bike and a driver went through a red light, or you tripped over a dodgy paving stone along your street.
What type of personal injury claims exist?
There are many different types of personal injury claims which can happen to any unfortunate person including:
- Road Traffic Accidents
Most people may think about claiming if they’re the driver of a vehicle and another vehicle hits into them causing them injuries. While this is a perfect example of a non –fault road accident there are many more possibilities. If you’re a passenger a car accident isn’t your fault even if it was the fault of the driver in your vehicle. You could be a cyclist who has been knocked over by a driver not looking where they’re going, or a pedestrian who was hit after a car ran through a red light. Insurance might cover the costs of repairing or replacing a vehicle which was damaged but it won’t cover for your health.
- Accidents at work
While you are working it is your employers responsibility for your safety which means that they are legally required to make sure your workplace, tasks and any tools involved are as safe and reasonable as possible. This means that they’re obliged to provide you with the correct training needed to complete your work and to provide you with the correct tools and personal protective equipment to illuminate risks. Many people worry about claiming against an employer thinking that it might affect their job but this isn’t true and your employer can not dismiss you for making a claim. Suffering an accident at work can be stressful and leave you worried about the future but claiming can put your mind at ease.
- Slips, trips and falls
Slips, trips and falls can cause serious harm to victims from cuts and broken bones to back and head injuries. If you’ve fallen in public due to a wet patch in a shop which wasn’t marked, or a dodgy pavement caused you to trip, the owner of the premises or the council have failed in their duty to keep you safe. Your injury can easily have been prevented by the other party if they marked hazards or had them fixed.
Am I eligible?
Chances are if you’re recovering from an injury you may be thinking about whether you’re eligible to make personal injury claims. You may have heard stories about other people who have claimed money and managed to get back on their feet after an injury. Personal injury claims are made when a victim suffers due to the actions of someone else and making a compensation claim can have a huge positive impact on their lives.
You’ll want to ensure that your accident happened within the past three years. There are some exceptions to this rule such as if you’re suffering from an industrial related disease, or you were under 18 when the accident happened. The key thing to remember is don’t waste time as if you wait too long you might be disappointed to find that it’s too late for you to claim.
You will need to be able to prove that someone else was at fault for your injury. You can do this by providing as much information and evidence as possible to prove your case, this can include but isn’t limited to photographs, witness statements, police reports, medical reports and detailed accounts.
What you should do when making a claim?
- Write down everything
It’s important to write down as much information as you can about the accident including names and addresses of anyone else who might have been involved, including those of any witnesses. A detailed account of exactly what happened during the accident is very important as it means you’re unlikely to forget any important details. You should also keep note of medical appointments you’ve attending, diagnosis’, prescribed medication and details of all symptoms.
- Take photos where possible
Whether it’s a photograph of a vehicle collision or a poorly maintained pavement which caused a trip evidence in the form of photographs can greatly help your compensation claim.
- Keep everything together
organisation is the key to a quick and easy claim so keep your account, medical details, photographs, receipts and any other paperwork together so you know where it is when you’re asked to provide it.
How much could I claim?
There are no guarantees on how much you can claim because each situation is different and a claim’s worth can be determined by how the accident happened, the injuries which resulted, how much time off work was required for recovery, the impact the injuries have on your life alongside other situational factors. Your specialist legal team can help give you a guideline but until it an offer is made a value is never certain.
You can claim for the injury itself and it’s impact on your life alongside additional costs which you may have incurred due to the accident such as prescriptions, medical treatments, travelling costs, care costs and other out-of-pocket expenses.
What is no-win, no-fee*?
Legal aid was withdrawn in 1998 when the introduction of the conditional fee agreement came into place, or as its most commonly known as ‘no-win, no-fee*’. At the time this happened the Citizen’s Advice Bureau reduced the efforts they were giving to injury victims in helping them source a solicitor for their personal injury claims.
In response to the measures, Accident Advice Helpline established themselves in 2000 to help victims find the best solicitor to help them bring a personal injury claim against the party whose negligence caused their injury.
No-win, no-fee* means that there are no upfront costs involved in making a claim meaning that by coming to us, getting advice and signing a contract you won’t have to pay out a penny. If your case is unfortunately unsuccessful then you don’t need to pay the solicitors fees involved. You only pay for the help of the solicitors if your case is successful and then their fee is taken from your earnings meaning you’re not out of pocket.
What’s the next step?
The next step when thinking of making a personal injury claim is to get expert advice from a professional legal firm. A company like Accident Advice Helpline can provide you with no obligation advice to confirm you’re eligibility to claim and explain to you the process of making a claim. We only employ experienced specialist personal injury lawyers who work on a no-win, no-fee* basis.