How easy is it to make accident claims?
There is no definite list of the type of accidents for which an individual is entitled to claim compensation. As long as it can be proved that the accident was not your fault and that someone else is liable, then making an accident claim is fairly simple and straight forward.
Below are the most common types of accident claims:
Road Traffic Accident – By law, it is required that all vehicles should be insured and for the insurers of those vehicles to pay compensation to the injured party where liability is established. You could still make a claim even if the driver was not insured.
If the other driver was proven to be careless, compensation can be claimed for their negligence. If you are injured in an accident, either as a driver, passenger, cyclist or pedestrian, compensation can be made for losses and injuries sustained.
Work Accidents- If you have been injured whilst carrying out work duties you may be entitled to compensation for injuries suffered and loss of earnings. To succeed in this claim, a personal injury solicitor will have to show that someone else is at fault, this could be your employer, another company or a fellow colleague.
Following an accident at work, you should not enter into any agreement with your employer to accept a small sum of compensation, instead of bringing a claim.
Ensure that any accident is recorded in your employers Accident Book.
Slipping/ Tripping Accident – When you are injured as a result of an accident on someone else's property (which could be a housing estate, public place, street or shop) you could be entitled to compensation from the ‘occupier' of the property.
The negligent occupier is liable for any injuries that have been received on the property. Under the Occupiers Liability Act 1957, an occupier must take reasonable care to ensure that ‘visitors' to his premises/land are safe when they are on the premises. You are a ‘visitor' if you had permission to be on the land.
Medical Negligence –If you have received any injuries or incorrect surgical procedures and sustained long term injury then you could be entitled to compensation.
Making an Accident Claim:
In order to have a compensation case, you will need to provide your solicitor with evidence that the accident was not your fault. This can be in the form of things like witness reports or photographs.
These pieces of evidence are crucial and can affect the outcome of a case.
A solicitor can also obtain a medical report, but you should also present them with any medical bills you have incurred as a result of your injuries, and loss of earnings.
Compensation Amounts:
The amount payable to compensate you is made up of two factors:
General Damages – These cover injuries sustained which cannot be calculated exactly, such as pain and suffering. Damages for this are normally established following review of medical reports.
Special Damages – These refer to items of loss which can be calculated, such as loss of earnings, travelling expenses for medical treatment, cost of medicines and treatment, personal effects damaged in the accident and the excess on an insurance policy. It is important to document these losses through e.g. receipts.
Is it worth claiming?:
A successful accident claim will provide you with a lump sum of money to help you get your life back on track.
By reporting an accident, you are helping to prevent future accidents from occurring as safer practices are developed through investigations into the accident.
There is very little work on your part, once a solicitor has been instructed to act on your behalf. You could leave your case with the specialists and concentrate on recovering from your injuries and focusing on getting your life back on track.
Updated on 29/01/2009