Below you will find a list of our most frequently asked questions, we hope that the answers provided will be useful to you. If you have other questions not listed below, or would like an answer specific to your circumstances, please call us free on 0800 180 4001.
What does the claim process involve?
- Contact Us: When you contact us, you will speak with one of our claims executives, who will provide you with a helpful and friendly service to begin the claims process. We will discuss with you, in confidence, the accident circumstances and the injury that you have sustained. We will then arrange a time for a solicitor to contact you at your convenience.
- Free No Obligation Consultation: The Solicitor will discuss the claim with you in more detail and give you their expert opinion on the strength of your case and an estimate of the amount of compensation you are entitled to. If they decide to take your case on then you will be sent out some paperwork; if you agree to go ahead with the case all you need to do is sign the paperwork and send it back.
- The Process: Most of the work will be done by your Solicitor, and the claim won’t take up much of your time. The Solicitor will send out a letter of claim to the defendant to inform them of your intention to claim for compensation for the injury caused to you. You will then be asked to go for a medical assessment to see how badly your injury has affected you. Lastly, your appointed solicitor will assess your loss of earnings and out of pocket expenses and try to recover these.
- Claim Resolution: In most cases the claim can be settled directly with the defendant, but if necessary your solicitor will fight your case in court. If your claim is successful, your solicitor will ensure you get at least a minimum of 75% of the compensation and if you are unsuccessful you will not be charged the solicitors
Am I Entitled to Make a Work Claim?
If you have been injured at work due to the negligence of your employer or a colleague, there is a good chance you will be entitled to make a claim for personal injury. Your employer has a duty of care to ensure that your working environment is safe, and that all equipment is well maintained and fit for its purpose. It doesn’t matter if you work for an agency or even if you are a contractor on a site, you may still be entitled to claim.
Will I Lose My Job?
There is no need for you to feel worried about making a claim against your employer. Most employers will have an insurance policy in place to cover accidents such as yours, and usually they will be happy to make use of this policy to help you with your recovery. Even if your employer does not approve of you making a claim, your job and your treatment at work are both protected by UK employment law and few employers are willing to risk a further claim against them for unfair treatment or dismissal. One of our solicitors will be happy to discuss this with you further to put your mind at rest.
Who Will Find Out About my Claim?
When you make a claim, it will only be those in a senior position that will be made aware of it. This should always be kept confidential and your colleagues do not need to know. Making a claim can sometimes feel awkward but it is a private matter and should not affect your working life.
Am I Entitled to Make a Road Traffic Claim?
If you have been injured while in a vehicle and it was not your fault, then it is likely that you will be entitled to make a claim for personal injury. In most cases these accidents will involve other vehicles, but you may still be able to make a claim even if you were the only one on the road at the time. Of course you do not have to actually be in a vehicle to be injured in a road traffic accident: if you were injured as a pedestrian you are equally entitled to claim.
Can Passengers Claim?
If you were a passenger in a vehicle and you were injured, then you are almost certainly able to make a claim. If the accident was the fault of the driver of another vehicle then you can claim from that driver. If the accident was the fault of the driver of the vehicle you were in, you can claim off them instead, as they have a duty of care towards the passengers and is responsible for their safety while driving.
Accident Caused by a Friend or Family Member, Can I Claim?
If you were involved in an accident caused by a friend or family member you can still make an accident claim, and need not fear damaging your relationship with them. The person who caused the accident will have car insurance (they must by law) and the main reason for this insurance is to provide compensation to anyone who suffers injuries or loss due to the fault of the driver. In most accidents this insurance policy is already being used to pay for the damage to your friend or family member’s vehicle, so since the excess is already being paid for this accident anyway your claim will not cause any extra expense or hassle for them.
Am I entitled to make a trip or slip claim?
If you were injured due to a trip or slip, inside or out, and this was due to someone else’s negligence, then you should be able to make a claim. If you slipped or tripped in a public place such as a supermarket or bar, then you can usually claim against the owner or operator for failing to maintain a safe environment for their customers. On the other hand, if the accident happened due to a defect in a road or pavement maintained by a local authority then there are some extra requirements in order to take a claim; see “Can I Claim Against the Council?” below for more details.
Can I Claim Against the Council?
To make a claim against the Council for failing to maintain pavements or roads, you need to prove that defect in question is a certain height or depth, and you also need a witness who can confirm that it has been there for a certain amount of time. If you have the necessary photographs and witness details, then you should be able to make a claim against the council. It also strengthens your claim if you can prove that the defect was complained about prior to your accident, but no action was taken.
What if the Council repaired the defect?
If the council have since repaired the defect that caused your accident, you can still make a claim, as long as you can still fulfil the requirements listed in “Can I Claim Against the Council?” above. If you do have a witness and a photo showing the extent of the defect before it was repaired, then the fact that the council deemed the defect serious enough to take action on actually makes your claim stronger.
Am I Entitled to Make a Public Liability Claim?
If you were injured in a public place due to some form of negligence, then you should be able to make a claim for personal injury (if the accident was a trip or slip then see “Trip and Slip Claims” above). Here at Accidents Direct, we specialise in handling a wide variety of public liability claims. Some of the situations we deal with most commonly include injuries caused by badly handled stock in retail stores, food poisoning from restaurants and injuries to children at schools.
Do I Need a Witness?
It is not always necessary to have a witness to your accident but it will make your claim stronger. Even if witnesses were not available, most public places in the UK are monitored by CCTV, so this can provide the equivalent of a witness in some situations. In addition, always try to have your accident recorded in an accident book where possible; if you are in a shop or other premises it is a legal requirement of the staff to ensure this is done, so be sure to bring the accident to their attention.
Does it Have to Be a Big Company?
If you had your accident in a small shop or business, this should not make any difference to your claim. A business of any size is generally required to have public liability insurance to cover accidents such as yours, so no matter where you are you should be covered. The same applies if you had your accident in a public place that is the responsibility of the local council, as they too always have public liability insurance.
Am I Entitled to Make a Medical Negligence Claim?
If you have suffered an injury, or some other effect detrimental to your health, due to the negligence of a medical professional, then you may be able to claim for medical negligence. Medical negligence claims must satisfy an injury limit of £5000 in order for a solicitor to be able to run a claim; if you are unsure as to the extent of the injury in question, and how much this will equate to, you are welcome to call us for advice on this point.
Can I Claim Against my GP?
GPs are amongst the most highly trained of professionals, and due to this we trust them with our very lives. If your GP has been negligent in their treatment of you and this has caused you an injury that should have been avoided, then you are within your rights to claim compensation for this injury. In no circumstances would this prevent you from receiving medical treatment, and it may also help to ensure that other patients do not have the same happen to them in the future.
What will it Cost Me to Make a Claim?
At Accidents Direct we offer a completely free, no obligation discussion from one of our professional negligence claims executives. Our executives will discuss your claim with you and put you in contact with a specialist solicitor who will discuss the different types of funding available to you, free of charge. You and the solicitor will come to an agreement of the best method of funding for your particular case and circumstances. Types of funding include no win no fee* and a variety of other methods.
Which Professionals Can I Take a Claim Against?
The list is extensive and includes people acting in a professional capacity in various industries. This includes, but is not limited to: plumbers, electricians, doctors, lawyers, financial advisors, architects, solicitors and accountants. If you feel that the professional service or treatment you received fell below the standards of skill, competence, or character normally expected of a properly qualified and experienced person of their profession then please contact Accidents Direct today.
Who Will Handle My Claim?
We have a dedicated team of professionals who have years of experience in professional negligence claims; we will put you in touch with one of these experts to help you recover your losses.
What are the Time Limits on Making a Claim?
The limitation period for professional negligence claims is six years. This commences from the date when the negligence occurred. Further, section 14A of the Limitation Act 1980 provides a three year limitation period from the date of knowledge, or when knowledge should reasonably have been acquired, if this occurred outside the initial six year period. It is therefore possible to bring an action for professional negligence within six years of when the negligence occurred or within three years of when you were made aware of the negligence.