What is a personal injury claim?
A personal injury claim is a legal case you can open if you have been injured in an accident and someone else is to blame. A personal injury claim is a legal process whereby the injured party seeks compensation from the other party who was responsible. Compensation money typically comes from their insurance company unless both parties decide to settle without instructing personal injury lawyers. Most personal injury claims operate using a no win no fee agreement. In other words, if your claim is unsuccessful you don’t have to pay anything.
Typically, you can make a personal injury claim if you or a loved one has been hurt in any kind of accident in the following circumstances:
- The incident is dated within the last three years
- The accident-related injury caused you to suffer financially as well as physically
- The accident was not your fault
Our Top Tips
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Seek medical attention immediately
After getting into an accident, it’s recommended that you visit a doctor as soon as you can in order to be assessed for accident-related injury. Even if you don’t believe you’ve been seriously injured and do not need urgent care, it’s worthwhile to get checked out. The medical report could serve as part of your evidence if you wish to take legal action against the other party.
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Report the incident
Reporting an accident is essential if you wish to claim compensation. Usually, reporting an accident involves obtaining a police report (a written document that is usually generated at the scene of the crash). The police report often contains vital information about the crash and the people/vehicles/property involved. The police report will also include statements from drivers, passengers, and witnesses and a sketch of the incident (location, path of vehicles, point of collision). The report may also exhibit the police officer’s conclusions as to how or why the accident might have happened.
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Take photographs of the scene where it took place.
Photos provide the evidence you need for a successful claim. Taking photos of the scene helps to speed up your claim and your recovery of compensation. Whilst taking photos might seem insignificant, photos can determine who was to blame for causing the crash. Don’t miss this important step!
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Take photos of your injuries
It is crucial that you take clear photos of any visible injuries you sustained in the accident. Try to take pictures that depict the type, severity, size, and location of your accident-related injuries. Photos can be gruesome but they serve as useful evidence to support your claim.
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Make a record of your expenses as a result of the injury
Make sure you keep a record of any bills that have mounted up as a result of the accident. This can include medical bills, physio, and also any household replacement services if you need someone to clean your house, take care of your children, or otherwise take care of your personal needs. If you have been out of work because of your accident-related injuries it is important to keep note of your loss of earnings.
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Don’t sign anything if you don’t understand what it means
This is a common mistake that people make following an accident. Immediately after an incident, you may suffer from confusion, short-term memory loss, dizziness etc. It is important that you refrain from signing anything whilst you are in this state; it could put you at a disadvantage and prevent you from achieving a successful claim. Wait until you have spoken to a solicitor before you sign anything.
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Be aware of what you say at the scene of the incident and afterward on social media
Always be cautious of what you say following an accident; it could come back to bite you later. A casual comment to the wrong person may be put on record and used against you by the other party, causing you to lose money. It is also important to bare in mind your social media activity. If you are claiming for serious accident-related injury but are posting photos of you skiing or cycling on your public profile, consider switching to private. The other party’s insurance company may look for pitfalls to use against you.
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Be aware of deadlines!
In most cases the standard time limit for making a claim is three years. This means you have three years from the date of the incident to issue your claim at court. There may be some leniency depending on factors such as severity of injuries but most claims have to be filed within a 3 year period.
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Familiarize yourself with the legal process
Doing some preliminary research on the legal process will be extremely helpful when making a claim. By familiarizing yourself with the basics of personal injury lawsuits, you may help to alleviate some of the confusion during the process. Often, personal injury claims take a substantial amount of time to fully resolve; doing some research might help you understand the typical timeline of a claim and how long you should expect to wait before recieiving compensation.
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Find the right personal injury lawyer!
Finding the right personal injury lawyer is paramount to your claim. Here at TDP Solicitors, we understand how a personal injury can dramatically affect your life. Our team of experienced personal injury solicitors will help you along the way; we will be there for you throughout the entire personal injury compensation process. Although money cannot always compensate for the traumatic effects of an accident, through our No Win No Fee basis our personal injury solicitors will ensure that you receive the maximum amount of financial personal injury compensation and medical support that you are entitled to.
Get in touch
To find out more information about our No Win No Fee compensation process, please call our team of friendly, professional personal injury solicitors today on +0151