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.