Tips to Help Victims to Successfully Make Personal Injury Claims
If you have
suffered a personal injury, then you may be thinking about making a claim for
compensation. It is in fact your legal right to compensation if you have been
injured through no fault of your own, so rest assured the law is on your side
under the circumstances.
Establishing your eligibility for compensation
Even though it
is your legal right to compensation if you have been injured through no fault
of your own, there are eligibility criteria you have to meet to have a claim.
The first
criterion is time-based. Under the Limitation Act 1980, you must bring your
claim forward within three years from the date your accident happened, or
within three years of the date your injuries first became clear. This is known
as your Date of Limitation or Date of Knowledge. After three years, claims
become statute barred under the Limitation Act 1980.
The second
criterion is liability-based. You cannot be 100 per cent responsible for the
accident in which you sustained your injuries. So, you must have diminished
liability. Further to this, the other side’s negligence also has to be
provable. If you cannot prove that the other side was at fault, then your claim
may fail, or you may have to settle with split liability.
I’m eligible. What next?
If you meet the
eligibility criteria discuss above, that is great news.
The next thing
you should do is seek legal advice from a lawyer. A lawyer will establish your
eligibility for compensation once and for all, and they will discuss your
accident with you to ascertain the strength of your case. it will be completely
your choice whether or not you proceed with a claim based on the information
you receive. It is important to point out that it is against the law for a
lawyer to pressure you into making a claim.
What will happen when I make a claim?
You will be
interviewed by your lawyer for personal
injury to establish the facts surrounding your
accident. You will also attend a medical examination set up by your solicitor;
this will take place 2-3 weeks into the claims process. The aim of the medical
examination is to ascertain the nature of your injuries and the extent of your
injuries. The medical reported generated by this examination will then be
accessed by your solicitor. That report will then be used to substantiate your
claim, and to determine a fair settlement demand.
A reputable law firm and lawyer can process straightforward or ‘clear-cut’ claims in as little as 6-8 weeks, however your claim may take several months to process. A lot depends on the complexity of your claim, and also the efficiency of the other side.