The Very Basics of Your Accident Claim
Wednesday, April 28th, 2010Because UK accident claim law is relatively complex it is advisable to consult an accident claim solicitor. Despite the complexities, the victim of the accident has the right to be aware of the accident claim process and whether or not they have the right to make a claim, even if their understanding is only basic.
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.The law therefore allows victims of such accidents to make a claim for money to compensate them for injury and loss caused. The civil courts cover this type of claim, known also as personal injury.
Most solicitors work on a no win no fee basis.As a result, only cases with a reasonable chance of success will be taken on. Several issues have an effect on whether a claim is successful or not and whether the victim has the right to make the claim.
The first factor is the timescale.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. It is important to remember that if the injury happens to a minor, the three year period only starts after their eighteenth 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. Therefore accident victims should seek medical advice quickly following an accident.
Witnesses of the accident will also obviously play a big role in the claim and its success or failure. Liaising with police and service people who attended the accident will be the responsibility of the solicitor working on the case. Any other witnesses are also helpful.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. That said, the victim themselves 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. Any receipts for costs incurred by the injury should also be presented to the solicitor.
Although accident claim law can appear complex, all accident victims should know a little about the claims process and their rights.This information is meant only as a brief guide, seeking the advice of an accident claim solicitor is still very important.