Do I have a case?
Accidents can and do happen. Often or not when they happen to us, we can usually put them down to our own carelessness or bad luck. There are though some occassions when the accident is clearly not our fault and we feel that we should be compensated financially for this. Compensation though, is not automatic. We first need to show that someone else was to blame and were at fault legally.
The law states that we owe a duty of care to one another. If we cause injury and loss, to another, by acting carelessly, then we must compensate them in some way. It is for this reason that employers and car drivers are required to have insurance in place.
If you are injured and feel that you should be compensated, then English law states you need to demonstrate that whoever caused your injury owed a duty of care towards you. You also need to show that you were injured and that this was due to the carelessness of another.
You are still able to calim even if the accident was partly your fault – this may however have an effect on how much you may receive in compensation. If for example you had an accident in a car, but were not wearing your seat belt then you could expect to have a reduction of 25% to your damages.
What can I claim compensation for?
Basically you can claim under three main headers.
- General damages - this will represent your injury including any pain and suffering you have received – This will require evidence in the form of a medical report, compiled by an independent doctor.
- Special damages – This is loss of earnings or any out-of-pocket expenses that you may have incurred as a result of your injury as caused by a person's (or organisations) act of negligence.
- Future losses – These take into consideration losses that might be incurred in the future including loss of earnings and even loss of pension. It can also cover items such as future care or accommodation, treatment or drugs.
Do I really need a solicitor?
When making a claim you will be up against an insurance company that has a vast amount of experience in dealing with personal injury claims. This is what they are tarined and sepcialised in doing. Laws governing compensation are complex and time consuming and insurance companies will try to do all they can (within the law) to reduce the amount of compensation they wish to pay to you. In order to combat this and to lead you through the legal jargon, it is highly recommended that you instruct somebody who knows this specialist area of the law to represent your interests.
At TV Lawyers we have expert solicitors that cover all these areas of law and are here to act upon your behalf, providing a fast and effective service.
Will I have to go to Court?
The majority of personal injury claims are settled before the need to attend Court. During the last few years there have been changes in law that aim to allow the general public to have easy access to information regarding personal injury claims, enabling them to focus on resolving disputes quickly and outside of Court.
What should I do after my accident?
As in any accident where you are not at fault, you need to Immediately need to gather whatever evidence you can to support your accident circumstances and why you feel it was not your fault. The kinds of evidence to recover are: witness names, photographs and if possible a copy of the accident book entry. In addition you need to start keeping a detailed record of events, expenses, medical treatment, basically any details of expenses you have to pay as a result of your injury. In doingthis you should keep receipts, as it will eventually provide evidence and support of your claim.
Is there a time limit on making a claim?
At TV Lawyers we urge you to commence your claim as soon as possible - so that evidence can be reviewed and gathered while it is still fresh. WHATEVER YOU DO, DO NOT WAIT ANY LONGER THAN 3 YEARS, as you cannot make your claim after that - unless it involves children who have until their 21st birthday in order to claim.
I believe I have a case. What should I do next?
If you would like to make a claim for compensation, visit the contact us section and contact us on one of the many methods avaliable. Don’t delay, commence your claim today.
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