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.
There are over eleven million accidents every year which lead to personal injury, of these solicitors estimate that over two million are caused by another person. The law therefore allows victims of such accidents to make a claim for money to compensate them for injury and loss caused. Known as a personal injury or accident claim, this process is handled by the civil courts.
Most solicitors work on a no win no fee basis. As a result, only cases with a reasonable chance of success will be taken on. There are various factors which affect chance of success and right to make an accident claim.
The first issue is the timing. If the accident happened over three years ago it is very unlikely that the claim will be successful, because the law has a limitation period of three years for this kind of claim. However, if the injured party is a minor, their limitation period will only begin on their eighteenth birthday.
The injuries sustained in the accident and whether they were properly recorded by a doctor at the time will also affect the outcome 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. Solicitors will liaise on the victim’s behalf with any police or emergency service staff who witnessed or attended the incident. 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. All the same, it is all right for victims to approach witnesses to collect names and addresses.
Finally, other evidence is important too. Photographs of the scene of the accident from various angles and photos of injuries are helpful. A recovery diary may be useful once the claim goes to court. Any receipts for costs incurred by the injury should also be presented to the solicitor.
The UK accident law can be very complicated, but accident victims have the right to know what they are entitled to. This article is only a short guide and speaking to an accident claim lawyer is still vital.