A personal injury is any physical, or psychological, injury or disease that somebody is afflicted with. A personal injury claim is when an individual is taking some form of action as a result of being injured due to another person’s, or a company’s, negligence. The most frequent occurrence of personal injury claims, results from car accidents, in which the other driver is at fault.
In most circumstances accident claims can be made up to 3 years after the incident has occurred. Whenever making an injury claim, you should always:
- Report the accident to the police – This means that there has been a report made to prove the incident really happened. If possible, the police will assess the scene of the accident and make their own notes and observations.
- Gather evidence – This may include pictures or anything else that may be relevant to an accident claim.
- Make a report to your insurance – This is very important, and should never be dismissed, because accident claims might be disregarded if the insurance company has not been adequately informed.
- See a GP – Whether your injuries are minor or not, you will need to see the GP. An injury may escalate and there can be the possibility of additional difficulties in the future.
These steps will make injury claims easier and the other party will be more likely to cooperate if the proper procedure has been followed.
Accident claims are made so that the victim can be financially compensated, for any personal injury suffered. The two most popular sources of handling personal injury claims are:
- A Claims Assessor – Also known as a Claims Management Company, these are authorized by the government to handle injury claims, and are given special operating rules in this regard. They operate on a ‘no win, no fee’ basis, meaning that they take a percentage of the amount you are awarded. They may or may not use a solicitor. If they don’t the amount of compensation is less, as the claim cannot go through the court.
- Civil Court Legal Action – Making an accident claim in this way requires the services of a solicitor that specialises in this type of case. It can be an expensive method to employ whenever making a personal injury claim, but legal aid is sometimes available through these sources:
- Insurance policy
- A solicitor or organisation that provides legal aid
- A conditional fee agreement – this means that there is also a ‘no win, no pay’ contract with the solicitor who is handling your personal injury claim. It may be the responsibility of the personal making the accident claim to cover the legal expenses of the other party, but an insurance policy can be taken out specifically for this reason.
Consulting a Citizen’s Advice Bureau to get more information about your case specifically is advisable before proceeding with a personal injury claim. This will insure that you are aware of the best solution to your problem.