The answer: “perhaps you can”
If you’ve had an accident, and it wasn’t your fault, you’ve just taken one huge step towards being eligible to make a claim for compensation.
The idea of claiming for compensation is based on you, the blameless victim who has ended up injured, being compensated for your pain, suffering, and financial loss. If the accident was caused as a direct result of another person or company’s negligence, it is likely you can make a claim.
At the end of the day, it’s not nice being injured. Suffering from a fracture, bruising, a muscular injury (such as whiplash), a strain, a cut (and subsequent scarring), or a repetitive strain injury is not a nice thing to have to deal with. You are entitled to claim for compensation for the injury (or injuries) alone, and you are entitled to claim back any financial losses, or expenses you have incurred.
How Your Compensation is Calculated.
There is only one way to value a claim for compensation – with specialist medical evidence from a qualified medico-legal expert. If your injury is minor, it’s likely you will see a GP. If your injury is more severe, and still musculoskeletal in nature, it’s likely you will see an Orthopaedic expert. If you have suffered considerable lacerations (cuts) or burns, and perhaps subsequent scarring, a Plastic Surgeon expert can provide a report. There are of course many, many more fields covering all types of injuries.
The expert who will examine you will produce a report detailing the extent of your suffering, and projecting any future problems (such as having to cope with a lasting scar for the rest of your life). They will also include a breakdown of any financial losses you have advised of, and they will include anything that the injury has stopped you from doing (such as working, gardening, household chores etc). Any elements of psychological suffering can also be included.
What you now need is an expert personal injury solicitor to use the information in the report to value your claim. The only way you can guarantee a maximum payout is with an expert injury lawyer on your side. So, avoid dealing with insurance companies directly; particularly if they want to settle your claim without medical evidence.
Treatment
Your medical report will also outline any treatment needs you have – although with a proper personal injury lawyer, you should have been receiving private treatment from the outset of the case at absolutely no cost to you – even if your claim is not a winner. Physiotherapy, chiropractic, or perhaps osteopathic treatment are all options that should be made available to you from the outset of a case – it’s a great way of helping you to recover from your injuries and get your life back on track.
Financial Losses
As well as being entitled to claim for your pain and suffering, you are entitled to claim for any financial losses you have incurred as a direct result of the accident. Such as:
- Lost Earnings – if you have two weeks off work with no pay, you can claim back two weeks’ worth of lost earnings.
- Medical Expenses – if you have had to pay for any treatment, or pay for any medication or medical equipment to help you with your injuries, you can claim back the costs of them.
- Travel Expenses – if you have had to travel to and from your physiotherapy appointments, you can claim petrol expenses, or public transport expenses you have paid out for.
- Care and Assistance – if anyone has had to help you with your injuries, such as helping with your shopping, cooking, cleaning, personal care etc, you can claim back an hourly rate for the carer – even if you are not paying them.
Just make sure to keep any receipts for anything you have paid out for so we can assess how much you are entitled to claim for. We can work out your petrol expenses based on the mileage of the trip.
What Now? Time to CLAIM!
You only have three years from the date of the accident to make a claim – but it’s always advisable to claim as early as you can when events are fresh in your mind, you have more evidence, and to prevent any loss of useful information from witnesses to your accident.
To claim, you need to instruct a specialist personal injury lawyer to deal with your claim on a Genuine No Win No Fee basis – meaning no costs to you whether your case wins or loses – ever.