Do you have a real claim?
If you have sustained an injury, you probably want to know if you actually have a claim to bring, and whether you are likely to receive compensation.
To answer this question, you should talk to a solicitor, who will need to consider a range of factors in your personal injury claim. These will include the existence of an actual injury, negligence, liability, and other issues, including whether it is too late to bring a claim.
Injury and damage
You can only claim compensation for an actual injury, loss or damage. For example a near miss – unless causing psychological trauma – is not sufficient to bring a successful compensation claim.
However, even if you haven’t suffered a personal injury from an accident, you can still attempt to recover the costs any of your personal property that has been damaged or destroyed.
Negligence
To bring a personal injury claim, your injury must have happened as a result of someone else’s negligence at the time of the accident. For example, employers have a duty of care towards their employees, and must provide, within reason, a safe working environment for their staff.
Liability
Often one party may be completely to blame for an accident, however, sometimes more than one factor contributed to your injury. Nevertheless, even if you, yourself have partially contributed to your injury, you may still be entitled to some compensation. This can 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 may only receive 75% of the damages you claim.
Value of Claim
The ultimate value of your 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.
Loss of Earnings
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.
Is it too late to bring a 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.
Your case is unique
Every personal injury case is unique, and it is advisable to seek expert advice from a speicalist solicitor, because very often people who claim compensation settle for an amount that does not truly compensate them for the suffering they have experienced.
For free expert adviceon your case you can talk to us now, by calling our free phone line on 1-800 989 995 or filling in our call back form at the bottom of this page.
What can you Expect?
When you call us, you will be put through to an expert solicitor who is very experienced in injury compensation claims.
We will listen to you as you tell us about your claim in complete confidence.
We can normally tell you quickly if your claim is worth pursuing, the likelihood of your succeeding, and what will be involved in the claim’s process, including how long it usually takes.
We can also tell you the general level of compensation, and if there are likely to be any costs involved.
The result of the call is advice about what you should consider doing next.
Right now, the easiest next step is to call our Free Phone solicitor advice line on 1-800 989 995
If you cannot speak to us now, simply fill in the contact form below to request a call from us at any time that is convenient for you.
