Saturday, December 5

Who Should Make An Accident Claim And Why?

If you have been injured in an accident through no fault of your own, then you may be eligible for compensation – if it can be proven that somebody else was to blame, and only if your accident happened no more than three years ago.

Who should make an accident claim?

Anybody who has been injured in an accident that wasn’t their fault, if they feel that they have been financially disadvantaged because of it or otherwise.

You can make an accident claim for any type of injury, from whiplash to industrial deafness, and for any accident type, including road traffic accidents and slips, trips and falls.

You should only make an accident claim, however, if you have been injured through no fault of your own, or if somebody else was partly to blame for your accident. With regards to this, it is important to remember that you only have a legitimate injury claim if you have diminished liability – or a level of diminished liability. This means you cannot be wholly responsible for the accident in which you sustained your injuries, to make an injury claim. To find out more about this and to get advice, visit here.

Date of Limitation / Date of Knowledge – The three-year limit

Your Date of Limitation, or your Date of Knowledge, is the date your accident happened or the date your injuries first became clear. Under the Limitation Act 1980, you only have three years to bring forward your personal injury claim from your Date of Limitation, because after three years’, personal injury claims become statute-barred, or time-barred, under the Limitation Act 1980. Because of this, you should seek out sound legal advice sooner rather than later, to avoid missing out on the compensation you are legally entitled to.

How much you could be entitled to – How compensation is calculated

The amount of compensation you could be awarded for your accident depends mainly on:

  1. The extent of your injuries;
  2. Your prognosis for the future;
  3. The financial impact your accident has had on you.

You must attend a medical examination as part of the claims process, during which your injuries will be examined by a medical practitioner. The medical report generated from this examination will be used to calculate your personal injury compensation, otherwise known as your ‘general damages’. The worse your injuries are, and the bigger the effect they will have on your life, then generally speaking the more compensation you can expect. You can also claim for financial damages though. Otherwise known as ‘special damages’, this can in part or totally recover any loss of earnings related to your accident. Special damages will be claimed alongside your general damages to create single lump sum.

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