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.