A Brief Guide to an Accident Claim
The law behind making an accident claim in the UK is relatively complicated and that is why an accident claim solicitor is required to go through the process with the victim. All the same, even though the law is complicated, the injured part should be able to understand, if only at a basic level, how an accident claim works and whether they are entitled to claim in the first place.
It is estimated that two million of the eleven million accident which lead to personal injury each year are caused by another person’s negligence. Compensation is therefore a possibility for the accident victims for their personal injury and loss. The civil courts cover this type of claim, known also as personal injury.
Most solicitors work on a no win no fee basis. Only cases with a decent chance of success are therefore taken on. Several issues have an effect on whether a claim is successful or not and whether the victim has the right to make the claim.
The first issue is the timing. Because of a limitation period, injuries which happened over three years ago are statue barred meaning they will almost certainly fail. However, if the injured party is a minor, their limitation period will only begin on their eighteenth birthday.
The victim’s injuries and any doctor’s notes taken at the time will also influence the success of the claim. Notes taken by a doctor at the time of the injury will play a role in the claim.This means that victims of accidents should always seek medical attention as soon as they possibly can.
Witnesses of the accident will also obviously play a big role in the claim and its success or failure. Liaising with police and service people who attended the accident will be the responsibility of the solicitor working on the case.Civilian witnesses are also important. For the best chance of success, witnesses should make a statement quickly, whilst the events are fresh in their mind.However, the victim should never collect statements. It is okay for them to collect the names and addresses of any witness though.
Finally, other evidence is important too. It is helpful to take photos of the injuries and the scene of the accident. A recovery diary may be useful once the claim goes to court.Victims should also keep all receipts to prove the extra costs they have incurred as a result of their injury.
Accident claim law in the UK can be very complex, but it is important for accident victims to be aware of their rights and the process of making a claim. This article is only a short guide and speaking to an accident claim lawyer is still vital.
Tags: accident claim, accident claim solicitor, Personal Injury, personal injury claim