Your Accident Claim - What Happens?
If you have suffered an accident, which was not your fault
, and it has caused you an injury, then you may be entitled to bring a legal claim. The accident must have happened within the last 3 years (bar exceptional circumstances) and it must have been caused by a breach of the duty of care owed by a 3rd party or by their negligence.
Common accident claims are brought against employers, motor insurance companies, local authorities and public transport providers. Injuries which are suffered range from fractures, to broken bones through to mental trauma. In order to win an accident compensation claim you have to persuade the court that the 3rd party acted negligently and as a result of this negligence you suffered an injury. If it is appropriate you may be able to prove that the 3rd party owed you a duty of care, for example your local council, you would then have to proceed to show that a breach of this duty caused you the accident.
Numerous solicitors will now retain accident claim cases on a 'no win no fee' arrangement (or conditional fee agreement as it is also know). This agreement helps protect the victim from loosing money as if the case is lost, they do not have to pay legal fees.
The steps listed below should be taken to begin a personal injury claim:
Step 1 - Instruct an experienced accident claim solicitor.
- The solicitor should meet with you and discuss the circumstances and results of your accident. If you are physically restrained due to your injury then the solicitor should come out to you at home or the hospital.
- In light of the information you provide he/she will be able to make a judgement on your claim's prospects. The solicitor will also be able to ascertain who was to blame for the accident and whether this 3rd party acted negligently or owed you a duty of care.
- If you decide to instruct the solicitor to pursue the claim then this will be done either on a fixed fee or no win no fee arrangement. The solicitor will get in contact with the offending 3rd party as your representative and direct the blame towards them. They will also inform the 3rd party of your intention to bring a claim for compensation.
- Depending on the result of this initial correspondence, your solicitor will initiate a formal legal claim following the pre-action protocol for personal injury cases as defined in the civil procedure rules.
Step 2 - Collate all the relevant information needed.
- You should collate all the relevant documentation and information relating to your claim and keep this in a safe place; diary of events, hospital appointment cards, prescriptions for medications, expenses receipts, receipts for any equipment or services rendered for your injuries and copies of your wage slips.
- If you suffered the injury whilst at work, then you get a copy of your employment contract.
- You should contact your GP or hospital doctor and provide them with written confirmation that you are happy for your solicitor to have access to your medical records.
Step 3 - Instruct an expert witness.
- Your solicitor will use the details of your claim and information taken from your medical records to establish what type of medical expert is needed.
- A medical expert will be instructed to help determine the cause and extent of your injuries.
- Evidence taken from this expert witness can be used to aid negotiations with the other side's solicitor. The aim of this is to obtain an offer to settle rather than having to take the case to court, thus receiving compensation for the victim without incurring large legal expenses. Only 5% of personal injury claims end up being resolved in court, this highlights the importance of formulating a strong case early on in order to negotiate.
If you believe that you have suffered a personal injury due to the fault of another, whether this is wholly or in part, then contact a solicitor immediately to find out if you can make a no win no fee accident claim.
by: Tim Bishop
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