Claiming For An Accident 

Claiming for an accident

Each year over three million people are injured in accidents. Whether these occur at home, in their cars, outdoors, or at work in many instances someone else will be at fault. In these circumstances the accident victim will often choose to make a claim for compensation.

Personal injury law can sometimes be complicated, but with the aid of an expert solicitor you can make a compensation claim quickly and easily.

What you need to establish

To bring a successful compensation claim it can’t simply be your word against theirs; through your solicitor a viable case will need to be proven. With that in mind the following information is of paramount importance:

• The date of the accident; where and how it happened
• Contact details of any witnesses to the accident
• Details of the injuries sustained – it’s important to provide an official medical diagnosis with details of any treatment

Depending upon the details of your case you may also need to provide:

• Proof of your loss of earnings and other financial expenses which are the result of your injury
• Details of any insurance policies you may have as these may cover you for the cost of your compensation claim – examples of this include household or motor insurance
• Any documents that could potentially help your claim – these could include documents from before your accident or any evidence of previous accidents in similar circumstances

How to make a claim

The first step is for your solicitor to send a letter to the individual you’re making the claim against, setting out the details of your injury and the circumstances whereby it occurred.

The individual will then be required to investigate and provide a response to the letter within a fixed period – in most instances this will be around the three month mark. In their reply they’ll need to state whether or not they accept the claim – if they do it will be usual practice to settle out of court.

Accepting compensation

At this stage it’s important for your solicitor to tell you what they believe the value of the claim to be. You’ll also need to think about how much compensation you’d be prepared to accept as your solicitor will be able to make an offer to the responsible individual for that amount. The respondent can come back with a counter offer and if they are deemed to “respond reasonably” it will usually be settled without having to take the matter to court.

Going to court

If the claim can’t be settled between the parties and their solicitors; legal action can be sought. In this instance it will be in the court’s hands to decide whether or not you’ll be awarded compensation for the claim.

Source – Law Society, at http://www.lawsociety.org.uk/choosingandusing/commonlegalproblems/personalinjury.page