Every year around three million people
suffer a personal injury from an accident that wasn't their fault. Yet
amazingly, only a quarter of them ever consider claiming compensation. Many
people don't even realize they can make a claim or else think that it's too
complicated, time consuming and costly.
Introduction:
Being
involved in a road accident can be agonizing and distressing both mentally and
physically. Every year road collisions cost hundreds of lives and leave
thousands more injured and traumatized.
If
you have had an accident caused by a third party within the last three years,
you could be entitled to make a claim for injuries or losses resulting from
that accident. The scenario could be that you were the driver or passenger of a
car, motorcycle, or a victim of a hit and run. Whatever the type of accident,
the insurance companies representing the party at fault are legally required to
pay you compensation if you have been injured.
Every
road user owes a duty of care to other road users. If a user has broken their
duty of care by driving negligently, then they will be held responsible for any
injuries caused by their actions and you will be entitled to bring a claim
against the person at fault.
Don’t
worry if the driver at fault is a family member or friend, as all legal actions
will be directed at their respective insurance company. It is also not
essential that the police were informed, unless the accident was a hit and run,
or the third party had no insurance. In such circumstances, the accident must
be reported to the police at the earliest possible date. If you have been the
victim of a hit and run, then there are statutory government schemes in place
to compensate you.
Conditional
Fee Agreement:
If
you do not have legal expenses insurance, we may be able to advise you under a
Conditional Fee Agreement (CFA). Under a CFA, we charge you nothing if your
claim fails but charge a success fee (which we recover from your opponent - not
out of your damages) if your claim succeeds. We will also arrange insurance for
you to cover your liabilities in the event of an unsuccessful claim. This
insurance cover is usually at no expense to you.
Personal
Accident Claims
- accidents at work
- road traffic accidents
- Slips& Trips
What to do if
you have an accident
After
an accident, there are a number of things you can do in the initial period to
preserve and record all physical or verbal evidence available, especially where
the evidence may not be obtainable at a later date, or where circumstances may
change.
As
time passes, it becomes more difficult to investigate a claim, so if you have
been the victim of an accident, please check below for further advice. The
sooner you begin the claim the better, while the information is fresh and
evidence still available.
Road
Traffic Accidents
The
most important step when you have been the victim of a Road Traffic Accident
through no fault of your own is to record as many of the third party details as
possible at the scene of the accident. These will comprise name, car registration,
address, contact number, insurance details, and also where possible inform the
Police (who may or may not attend the scene).
If
the police attend on your behalf, then they will record the details themselves,
and we will then need the Police Reference Number to obtain their report.
If
possible, obtain Witness names and contact numbers as they may prove invaluable
if there is a dispute over liability.
It
is important to attend for medical treatment as soon after the incident as
possible, as these records will be vital in determining the extent of your
injuries and your prognosis.
Keep
your Receipts!
It is important to keep a written record of all financial losses arising from
the incident. These will include loss of earnings, travel expenses, medical
expenses, miscellaneous losses, and damaged clothing. Sometimes a claim can
include an element for time incurred by family and friends looking after you.
The basis for this part of the claim would be that otherwise assistance would
need to be provided by the State.
Keep
your Receipts!
It is important to keep a written record of all financial losses arising from
the incident. These will include loss of earnings, travel expenses, medical
expenses, miscellaneous losses, and damaged clothing. Sometimes a claim can
include an element for time incurred by family and friends looking after you.
The basis for this part of the claim would be that otherwise assistance would
need to be provided by the State.
SLIP/TRIP
ACCIDENTS
If
you have suffered from a trip or fall in the last three years, you may be
eligible for compensation. Being involved in a slip/trip accident can be a very
distressing experience, sometimes leaving victims with serious injuries leading
to months or even years of painful treatment.
If
you are in a public place such as a park, street, shopping centre or office,
the owner has a legal duty of care to ensure the safety of members of public.
If they have failed to do this, then we should be able to assist you in making
a claim. The claim could be directed against the local authority, shop owner or
supermarket, and if the defect is serious then you may well be entitled to
compensation.
The
specific facts in your case and nature of the defect will determine whether or
not we will be successful on your behalf.
Accidents
at Work
There
are very stringent safety rules for Employers to follow in the workplace, and
they have a strict duty of care for staff in their employ. If you can prove
that you have been injured at work as a result of your employer's negligence,
then you will have a very strong case. You may have been injured because of an
unsafe system of work, a breach of Health and Safety legislation or possibly
because the equipment supplied to you was unsafe or you may have been expected to
comply with dangerous working practices.
Your
employers are also legally required to hold Employers Liability Insurance with
a reputable insurance company, and they are not allowed to behave in a
threatening or otherwise hostile manner should you be in a position where you
need to claim from their policy. Your Employers are also not allowed to dismiss
you or make you redundant purely because you have been injured and wish to
claim.
If
this happens, you may be entitled to take your case to an industrial tribunal
and sue for wrongful dismissal as well as filing a separate personal injury
claim for any loss of earnings and injuries sustained in the accident. If you
are injured in an accident at work you should make sure that the details of the
accident are noted in the Accident Report Book at work and if possible take a
copy of it.
