If you have had an accident that required medical attention in the last three years and you think someone else might be to blame (or partly to blame) then you may be entitled to claim for compensation. The most common claims for compensation include road traffic accidents, accidents at work, slips or trips, passenger in a car, bus, train or taxi or public liability.
The First Steps.
Your accident claims solicitor will need to take details of the circumstances of the accident in a meeting with you. Your solicitor will use all the relevant facts from your accident to establish who is legally to blame. They can then advise you as to the prospects of success and consider the funding of the action. Your solicitor can explain to you the option of entering into a Conditional Fee Agreement, sometimes known as a 'no win no fee' agreement. After the necessary information is assembled, your solicitor will then write to the third party or the insurance company setting out the reasons why you hold them to be responsible for the accident.
What you should do.
It is important that you keep all documents relating to your accident in a safe place. These will include:
- Any expenses and receipts relating to your injuries e.g. receipts for taxis and any prescriptions, as well as for any specially adapted equipment that you have had to buy.
- All documents relating to your treatment eg hospital appointment cards.
- Keeping a diary of the accident's effects can be very helpful.
- You must take a copy of your job description and employment contract if the claim you are intending to make involves your employer.
- You should be keeping all wage slips that you have in relation to your earnings, both pre and post accident.
Evidence that you will need.
- The evidence in support of your claim for the personal injuries you have suffered will be in the form of a medical report. The accident claim solicitor will use his/her experiences in order to select the correct medical expert for your particular injuries. For example, if you have muscular-skeletal injuries you will need to obtain medical advice from a Consultant Orthopaedic Surgeon, whereas in cases of physical deformities the advice will be sought from a Consultant Plastic Surgeon.
- If you have suffered a serious injury then it is likely that we will have to obtain more than one medical report.
You will also need evidence in support of your specific losses and future losses, such as loss of earnings, by way of receipts, payslips, P60s and audited accounts where necessary.
Personal injury claims are often multifaceted and require detailed legal advice from a specialised accident claim solicitor. In particular, time limits apply so make sure you take advice as soon as possible.