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. However, even when the law is complex, the victim deserves to understand at least at a basic level what happens in an accident claim, whether they are entitled to claim and what they should do.

It is estimated that two million of the eleven million accident which lead to personal injury each year are caused by another person’s negligence. This is why the law allows accident victims to claim monetary compensation for their injury and losses. Known as a personal injury or accident claim, this process is handled by the civil courts.

Most solicitors in this field 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.

Timing is the first major factor. 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 person is under 18 at the time of the accident, the three year period only starts at their 18th birthday.

The victim’s injuries and any doctor’s notes taken at the time will also influence the success of the claim. The records made by the doctor at the time of the injury will play a vital role as evidence in the case. This means that victims of accidents should always seek medical attention as soon as they possibly can.

The success or otherwise of the case will also depend upon any witness accounts. The solicitor will communicate with any police or emergency service people who saw or attended to the accident. Civilian witnesses are also important. It is better that they give a statement as soon as possible after the accident so that the details they give are fresh in their minds. However, the victim should never collect statements. It is okay for them to collect the names and addresses of any witness though.

Finally, other evidence aside from the statements made by witnesses will play an important role. Victims should take photos of the scene of the accident and their injuries. A diary with lots of details should be kept during the recovery period. Victims should also keep all receipts to prove the extra costs they have incurred as a result of their injury.

Accident claim law in the UK can be very complex, but it is important for accident victims to be aware of their rights and the process of making a claim. This article is only a short guide and speaking to an accident claim lawyer is still vital.

In the aftermath of a road traffic accident or a slip or trip on land maintained by local councils, an accident claim is considered a logical course of action to compensate the victim for any loss suffered. It is also possible to launch a work accident claim in the event of suffering an injury in the workplace that wasn’t your fault.

Not so many people are so aware that it is possible to make a work accident claim, and few are keen to make one, feeling afraid that there will be negative consequences to making the claim. There is no need to worry though, if an employer has failed in their duty to protect their employees from injury and an accident claim is made then they cannot legally sack the employee without reason. What’s more any compensation money comes from the insurance that the employer has, so the claim poses no threat to the company or the security of the jobs of other employees. Victims of injury shouldn’t feel guilty about making an accident claim: taking time off work to recover from an injury can lead to financial problems and it is the point of the compensation to prevent this.

Many types of accident can constitute a work accident. Injuries sustained in offices, factories, warehouses, building sites, restaurants, shops or even on farms can all come under this umbrella term. Should driving play a part in a victim’s job then an accident which happens in a car, van, forklift or lorry may count too.

In an ideal world, employers would all comply perfectly with strict health and safety laws so that their employees could be protected from any risk of injury. Unfortunately, accident do happen. Common examples include fork lift truck accidents and accidents on scaffolding and ladders.

Anybody who is unsure about whether they have a case for their workplace injury should consult an accident claim solicitor. If you do have a case you have to start your claim within three years of the date of the accident happening. The exception is that if the victim is a minor, they have three years from the date they turn eighteen to make their claim. Industrial disease has different timescale limitation rules to workplace accidents.

These days people who have suffered injury in an accident which was not their fault often make an accident claim. The accident claim aims to win them compensation for their injury and any loss they suffered as a result of it. Many accident victims have had to take time off work to recover so the money is a lifeline. Some of the more common accidents and injuries which might lead to an accident claim are road traffic accidents and slips or trips. But also lots of people find themselves injured every year because of defective products and services.

Because the provider or a product or a service has a legal duty to protect the consumer from accident or injury, the victim of any such accident is protected by law. This responsibility works in a similar way to how local councils are obliged to protect the public from slips and trips on their land.

Talking about defective products or services, solicitors may be referring to a number of things. An injury might arise from food poisoning at a restaurant, faulty tools in the workplace, faulty home equipment, furniture or toys, dangerous cars or inadequate car repairs or even carbon monoxide poisoning.

In the event of making an accident claim, the accident claim specialist will start the process by identifying the person who was legally responsible for the defective product or service. The person responsible could be one of a long list including the manufacturer, the importer, a landlord or an employer.

Having identified the person responsible, the accident claim solicitor will obtain a medical report of the injuries obtained. The importance of the medical records cannot be underestimated because they form the majority of the evidence in the claim. Other evidence might include a technical report which might explain why the product was defective.

The accident claim solicitor will then proceed to pursue compensation on the victim’s behalf. This allows the victim to take a step back from the complexities of the accident claim and concentrate on their recovery.

Making an Accident Claim

Every piece of land or building including shops, streets and places of work is owned by or the responsibility of someone. That individual or organisation has the legal responsibility of protecting the users of the land or building from accident or injury, as far as is reasonably and practicably possible.Therefore, on the unfortunate occasions when the owner fails in this responsibility and someone is injured, that person may have the right to make an accident claim for compensation. The goal of the accident claim would be to obtain an admission of liability, perhaps an apology and some monetary compensation for the injury and the financial loss it may have caused.

Seeking the advice of an accident claim solicitor is often of great help to victims because the process of making a claim can be long and complicated. Their experience in this field will mean that they are able to take the pressure off you so that you can concentrate on getting back to normal following your injury.

Slips and trips are amongst the most common accidents which lead people to make an accident claim in England. The sad thing is that they are entirely avoidable but can cause serious injury. Ankle and knee injuries are common as well as more serious back or head injuries. In cases of tripping over uneven paving stones, tripping over carelessly placed objects or slipping on unmarked wet floors, a third party is almost always to blame.

Because the person or people responsible for public places has a legal duty to protect visitors’ safety, when an accident happens that was not your fault somebody is to blame. If you believe that somebody else was to blame for your accident then consulting an accident claim solicitor should be your next step. The process might seem long and daunting now, but this is your chance for justice and compensation for the pain lost earnings as a result of your injury.

One leading UK accident claim company has recently stated that it noted a 12% increase in accident claims between 2008 and 2009. This is certainly not the most common type of accident claim, but the rise is important. It is possible that the workplace accident claim rise is attributable to an increase in accidents and injuries at work, but it is more likely that the rise is reflective of increasing awareness on the part of employees of their rights.

Each and every company must protect the health and safety of its employees and avoid injury to them by giving them ample safety training and the right protective equipment. If workers are injured in an accident as a result of the company’s failure to meet their responsibility then the employee may well be entitled to make an accident claim. Workers are more aware than ever before of their rights thanks to increased coverage of high profile accident claim cases in the media.

In the past, fears of recriminations and the complexity of the legal process have put workers off the idea of making an accident claim. Sadly, as a result, too many returned to work too early due to financial worries, making their injuries worse. It is now the case though that employees better understand their rights and the fact that they cannot legally be penalised by their employer, so more make claims. Suffering in silence is no longer an issue for injured employees: they are now receiving the compensation that they deserve and need so that they can concentrate on recovering fully before returning to work.

Many companies have taken the increase in accident claims as a catalyst for conducting thorough reviews into health and safety at work. If the accident claim rise has encouraged more employers to take their duty seriously then it may well have avoided other injuries and even saved lives and this can only be regarded as a positive.

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