There are many situations where a claim can be made. As long as the accident was at least partly the fault of someone else you may be able to make a claim.

This simple guide gives you basic information regarding making a Personal Injury Claim.

We believe that the majority of people are still in the dark about how to go about making a claim for a personal injury. We set out to make sure that all our clients get access to justice. To help you we have put together a list of simple and easy to remember pointers that should help you if you ever need to claim compensation.

• Record as much information as you can at the scene of your accident.
• Take the details of any witnesses to your accident.
• Take photographs of your injuries and the scene of your accident.
• If the police attend the scene, make sure you take full details of the attending officer and the specific crime reference number.
• Was your accident on commercial property? - If so you will need to find out if they have an accident book. Make sure your accident is recorded.
• Make a note of the insurance details for the other parties involved in the accident.
• Visit the hospital or your local GP as soon as possible following an accident.
• Keep a full record of any expenses you incur as a result of your accident and always obtain and keep all receipts.
• Always tell the truth. Do not be tempted to exaggerate your injuries or the seriousness of your accident. We will investigate your accident and your claim thoroughly.

Legal Expenses Insurance

Look at the terms of all of your insurance policies, whether on your home, its contents or any motor Policy to see if you paid a premium for Legal Expenses Insurance. This type of Insurance reimburses you for most if not all of your legal costs. If you are not sure we can check this for you.

Medical Treatment:

Comply fully with all your doctors' instructions, especially those for rehabilitation therapy. Never miss a doctor's appointment.
After each visit the doctor or therapist makes a written record that later will be used as evidence to determine the severity of your injury. Make sure that whatever your GP writes in your records is correct.

Existing Injuries and Conditions:

The defendant "takes the claimant as he finds him." This means that you are entitled to recover damages for aggravation of a pre-existing condition or for an injury that is more serious because of a special susceptibility.

For example, the defendant can not avoid responsibility for the full extent of your injury by contending that the impact that put you in the hospital wouldn't have hurt a professional stuntman. But you cannot recover damages for injuries not caused or aggravated by the fault of the Defendant.

Surgery and Future Medical Expense:

If you will need surgery for treatment of the injury, it's important, wherever possible, to have it before you settle your case, not after.
You will receive the beneficial effects of the surgery, and the settlement value of the claim will include the cost of medical treatment. If the surgery is not successful, your case is still open.

Recorded Statement:

In most cases involving injury the defendant's insurer and the Court will ask that you give a written statement. You are legally obligated to do so. The defendant's claim representative is trained to discredit you and your injury and to defeat your claim if there is any way it can be defeated.

The claim can be harmed by an inadvertent remark, for example: "I never saw the other car before it hit me." Such a remark can be used against you as evidence that you failed to keep a proper lookout. If you do give statements, to anyone else, request a copy for yourself.

Medical Authorisation:

The defendant's insurer will ask you to sign an authorisation to allow release of your medical records. We will do the same. It's better for you that your own lawyer obtains the records first so you can see them before the insurance company does.

You do have a right to restrict access to your medical records subject to the agreement of your GP and the Court.

Contributory Fault:

Even if you were partly at fault you can still recover damages so long as it was not all your fault.

For example, assume that the Court determines that the defendant was 70% at fault, that you were 30% at fault, and that your claim totalled £100,000. The court will award you judgement of £70,000.

Elements Of Damages:

An accident victim may claim damages for medical expenses, lost earnings and lost earning capacity, physical pain and suffering, mental anguish, physical impairment and disfigurement, all in the past and in the future.

In cases where a death has occurred, Damages may be recovered for bereavement as well as monetary losses relating to the loss of any financial dependency on the person who has died.

Children & People with Mental Disability

Minors (persons under 18 years of age) and those under a disability, lack the legal capacity to make a contract.

Such persons may be represented by a Litigation Friend in hiring a lawyer, bringing Court action and settling the claim.

The Litigation Friend is normally one or both parents, or other relative or person who is closest to the injured child. Settlement of these cases requires Court approval to ensure that the interests of the child or person under disability are protected.

Settlement

Once your case has been settled you will not be asked to refund any of the money if you make a sudden miraculous recovery. Conversely, the case can not be reopened no matter how much worse your condition later becomes.

After settlement or trial the defendant and his insurer will have no obligation to pay for your continuing medical expenses, so it's important that
your settlement is adequate.

Income Tax:

The settlement in a personal injury case is not normally taxable.

The following types of accidents are the most common and which may entitle you to claim compensation.

Road Traffic Accident

If you were involved in a road traffic accident, whether as a driver, passenger or pedestrian you could be entitled to compensation.

It is compulsory for drivers of motor vehicles to have insurance to meet claims from people who have been injured by the insured person - including their own passengers. Even if it were a hit and run you can still claim compensation.

If you were injured in a road accident whilst a passenger you should always be entitled to compensation whoever was at fault e.g. the person driving or another motorist. A passenger may claim damages against the driver of the vehicle he or she was in, (even if a spouse or family member), or the driver of another vehicle or both, depending on who was at fault

If you were injured at work you may be able to claim compensation, not just for your pain and suffering but also any financial losses such as loss of earnings.
The majority of people are unaware of the many Regulations employers have to comply with to ensure workers safety. These Regulations cover the safety of work equipment, correct training and safe working environments.

Breach of some such Regulations can give rise to a claim for damages if you are injured as a result, even without negligence by your employer. Our specialist Lawyers will be able to advise you on these.

It is also compulsory that all employers have adequate insurance in place to protect their workers for such accidents that may arise.
People are not always aware that claims can be made for disease caused by their work which can include asthma, deafness, asbestosis as well as many others. Some people come to us and the first question they ask is "But I may lose my job if I claim against my employer".

Accidents At Work

A reasonable employer should not dismiss you for making a claim for compensation. Even if this does occur you should be able to bring a separate claim in respect of unfair or wrongful dismissal. We have specialists in Employment Law who can advise in these cases.

Slip or Trip

Slippery surfaces, loose or uneven flooring and potholes all have the potential to cause serious injuries, whether in the street, shop, office, workplace or in a private house.

You could be entitled to receive compensation from the person or body responsible for the place where you slipped or tripped. Ask for our information sheet dealing with this type of claim for more details.