Accident Claims
An accident claim will only be viable under certain circumstances. Aside from the obvious fact that the claimant actually needs to have had an accident, it needs to be reasonably significant because a trivial injury, such a bruise, sprain or minor cut just won't be worth pursuing. Whether physical or psychological, the injury caused by the accident needs to have resulted in sufficient pain or suffering, or to have prevented the person from working and so resulted in loss of income in order that compensation can be claimed. There may also be compensation for additional expenditure, such as medical bills or the need for special equipment to manage the injury.The other important factor is that the accident must have been caused by someone who has been negligent in their actions. This means you have someone against whom you can claim. Certain people have specific responsibilities and standards that they are expected to uphold. This includes taxi drivers and restaurant operators who have a duty of care towards you while you are a customer. If an accident results from their failure to maintain that duty of care at a proper level, you will have a claim should you sustain a serious injury or illness.
The case will be won or lost on you being able to prove the accident was caused by the defendant and also being able to demonstrate the extent and consequences of the injuries you have sustained. To prove the former, it's as well to have as many witnesses as possible who will attest to what happened. Getting witness statements at the time of the accident is a good idea because the details are more likely to be fresh in the minds of the witnesses. Over time, memories fade and details become less clear, leading to conflicting statements from witnesses that will hinder rather than help your claim. The prevalence of mobile phones may be an advantage because someone may just have a picture of the event.
Providing evidence of the extent of your injuries may be down to a doctor or other medical practitioner. Photographs are good, preferably while the injuries are still "fresh" (if you'll pardon the bluntness) i.e. have not already started to heal. Loss of income can usually be proved by information provided by your employer or accountant.
The aim is to build up as much evidence as possible to support your accident claim. The more there is, the better the chance that your claim will succeed. It also gives more likelihood of the claim being progressed on a 'no win, no fee' basis, which means you have no risk of incurring a high level of unexpected costs.
Here are some organisations relating to claiming in the UK:
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Government Compensation Schemes: While it is possible to get compensation directly from the person or business which harmed you, there are also government compensation schemes available for when there is no clear responsibility or the company involved ca...
Accident Injury Claims: We are all familiar with the advertisements on television, telling us about how we can claim compensation if we are involved in an accident which was not our fault. Claims about how fees are charged and that consumers wil...
Personal Injury Compensation: If you are involved in an accident which was not your fault, you do have an entitlement to compensation. This is something which most of us are aware of. But many people do not know exactly how the system works, which typ...
Personal Injuries: A personal injury can be either a physical or a psychological injury that a person suffers. It may generally result from an accident that occurs at work, in the car or elsewhere. If you suffer a personal injury...
Compensation Claims: Many people view the pursuing of a compensation claim in the same way as buying a ticket in a lottery. What they see at the end of it is a big payout that may set them up for life. But what they fail to appreciate is that...
Personal Injury Claims: A claim for personal injury arises if you suffer an injury that results from the fault or negligence of someone else. However, such a claim is only possible if the claimant has suffered an actual and significant injury. A...
No Win No Fee: The concept of no win, no fee compensation claims came to the UK in 1995, shifting the cost of claims from the legal aid system. It also removed the need for an independent regulator who assessed whether there was a reaso...
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