An accident claim is generally a claim for compensation for injuries and loss incurred after an accident you have been involved in that was caused through no fault of your own. The accident must have been caused by someone else’s negligence – whether it’s a person or a company. You can actually be partly to blame, and still make a claim, subject to a reduction in your payout. But, ultimately, the thing to know when trying to figure out of you have an accident claim is whether the accident was the fault of someone else.
If this accident has caused you to suffer any sort of injury, you are entitled to make a claim for compensation that reflects the nature, severity, and length of the suffering involved. You are also able to take in to account for any literal financial losses you incur as well; a matter I will come on to shortly.
A couple of examples of potential accident claims:
- Car accident claims – e.g. a driver goes in to the back of you, or pulls out on you from a side road.
- Work accident claims – you are injured by machinery in your workplace that was not safe to use; perhaps a dangerously exposed section of the equipment harmed you. Perhaps you were not provided with any decent gloves and you were exposed to a chemical in your workplace, and suffered a chemical burn as a result. Perhaps you haven’t been provided with enough assistance for a manual handling task. These are all examples of things your employer’s liability insurance can cover.
- Slips, trips, and falls – you slip over in a supermarket on an un-cleared spillage where no warning signs or other preventative measures have been employed to stop the accident occurring. Or you trip over a broken section of paving on the street, or fall down an unsecured manhole cover.
What Happens in an Accident Claim?
In an accident claim for compensation, the other side (i.e. Defendant / person / company responsible for your accident) will normally have their insurance company, solicitor, or nominated representatives investigate the claim. They will liaise with your lawyers, and will ultimately provide your lawyers with a decision as to whether they believe they should pay you out or not.
Sadly, it’s quite standard for the other side to try and defend the claim; ultimately, they don’t want to pay you out. It’s our job to fight your corner to make sure you are granted access to the compensation you are legally entitled to have.
Most cases are settled out of court – we only ever end up in court if we simply cannot reach an agreement over any sort of dispute we may end up with – Whether this is about the other side trying to defend the claim, or whether they have accepted fault, and we are fighting over the amount you are entitled to receive.
If the liability (fault) is accepted, your lawyers will normally send you to see a specialist medico-legal expert, who will provide us with advice as to any further treatment you might need, and will give us all the information we need to put a valuation on to your claim. This medical evidence is the key to us getting you the right amount of compensation.
What Happens When You Make an Accident Claim
Your lawyers should do all the work for you – make sure you instruct a firm of specialist personal injury lawyers working on a Genuine No Win No Fee basis that guarantees 100% compensation if you win, and no costs to pay if you lose. Ultimately, regardless of the outcome of the case, you should never have to pay anything out at all.
If you win your case, you will normally receive a cheque that covers an amount for your injuries and suffering, and an amount covering your financial losses. Examples of financial losses you can claim back range from:
- Lost earnings – if you have to have 2 weeks off work due to your injuries, and you lose out on £250 per week, you can claim back £500 in lost earnings. Lost earnings are the most common and straightforward item of loss you can claim back for.
- Medical fees – if you have to pay out for any treatment, you can claim this back as well: although it’s important to remember that if you have a really good lawyer on board, they will sort out private medical care at no cost to you right from the start of the claim.
- Medication costs – if you pay out for any prescription or over the counter medication, you can claim these back as part of the claim as well.
- Travel expenses – to and from physio appointments, hospitals, doctors, etc.
Making an accident claim for compensation is pretty easy all in all. Just get in touch with a specialist firm of personal injury lawyers, instruct them on a Genuine No Win No Fee basis, and look forward to 100% compensation in the event you win your case!