Do you have a valid accident injury compensation claim?
If you have sustained an injury from an accident, you probably want to know if you actually have a valid accident injury compensation claim to bring, and what settlement you are likely to receive. To answer this question, you should talk to an expert legal advisor who will need to consider a range of factors. The type of accident might be a factor in who is liable, with difference for example with construction accidents, school accidents, supermarket accidents, building site accidents, farm accidents, footpath accidents, playground accidents, or office accidents. These will include the extent of your injuries, who was responsible for the accident, who is liable, and other issues, including whether it is too late to bring a claim.
Accident compensation both for injury and damage
You can only claim compensation for an actual injury – a near miss doesn’t count unless it caused emotional or mental trauma. However, even if you didn’t suffered a physical injury from your accident, you can still claim for what is known as “material damage” which is the loss any of your personal property.
Who is Negligent?
To bring an accident compensation claim, your injury must have happened as a result of someone else’s negligence. For example in a workplace accident, employers have a duty of care towards their employees, and must provide, within reason, a safe working environment for their staff.
Who is Liable, and what is Contributory Negligence?
One party may be completely at fault in an accident, however, sometimes more than one factor contributed, and even if you contributed to your injury yourself, you will still be entitled to accident injury compensation. In such as case, how much you receive will depend on what is called contributory negligence, which is a calculation made regarding the amount of responsibility each party to the accident has. So for example, if you contributed 25%, then you will only receive 75% of the damages you claim.
How is the value of the accident injury claim calculated?
The ultimate value of your accident injury compensation claim is based on the injuries that you actually sustain, rather than the nature of the accident itself, which is of secondary importance. Injuries are usually valued according to their level of seriousness, and whether or not they require expert diagnosis. The permanent nature and persistence of the injury are also valued. Clear and full medical records are usually a vital factor in assessing the value.
Can I claim for loss of earnings due to my accident injuries?
If you have suffered a significant loss of earnings, for example, due to a lengthy absence from work, or if your ability to work has been impaired then you will likely receive an award for this, as part of your total settlement figure. Often this can be a far higher sum than for the injury itself and this is where you need the services of an experienced solicitor to help determine what you are rightfully due.
Is it too late to bring an accident injury claim?
The “Statute of Limitations” is the time limit within which an injured person can bring a claim. This is typically two years from date of the accident, however this is a complex legal area, and it is essential to receive legal advice on this matter, especially as it pertains to children’s cases which are a special exception.
Every case is unique and needs to be considered carefully by an expert
Every personal injury case is unique, and it is advisable to seek expert advice from a specialist solicitor, because very often people who claim compensation settle for an amount that does not truly compensate them for the suffering they have experienced simply because they don’t have the experience to know how to handle it in the best way.
We offer a FREE accident injury advice line about compensation issues. You can call us on 1800 989 995 and there is no obligation when you use this service. If you cannot call now please fill in the form below and we will call you back at a convenient time.
