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Key
Steps
When an
accident, medical negligence or industrial illness occur, people
sometimes attribute it to their own carelessness or just plain bad
luck. Nevertheless, there are occasions when it was clearly not
their fault and they feel quite rightly that they deserve to be
financially compensated. Compensation, however, is not automatic.
Bringing a claim can be a time consuming and difficult process.
Firstly, the personal injury solicitor handling the claim would
seek to demonstrate on behalf of the client that the other party
was to blame and was legally 'at fault'. In law, people owe each
other a duty of care. Accordingly, if they cause someone injury
and loss by acting without care, then they become liable to
compensate them. It is for this reason that drivers take out the
minimum of at least Third Party Insurance and why employers take
out insurance to cover them against anything happening to their
employees. House contents policies may also offer similar cover
should, say, a roof tile blow off and injure a passing pedestrian.
Once it has been established that the other party concerned was to
blame for the accident, medical negligence, or industrial illness,
the personal injury solicitor handling the claim would next seek
to prove that the client had sustained the injuries or illness
alleged and show that they were due to the other party acting
without due care.
Finally, please note that potential claimant's are not prevented
from making a claim even if the injury or illness was partly their
own fault - although they may not receive quite as much as they
would have hoped by way of compensation. If, for example, the
claimant were a passenger in a car which was involved in an
accident - and they were not wearing a seat belt, then they would
probably have to accept a reduction of something like 25% in the
damages they would receive - but it would still be well worth
making a claim.
Items that can be Included
Claims for damages fall into three categories:-
-
General damages - this will represent any pain, suffering or
injury you have sustained.
-
Special damages - these include any loss of earnings or
out-of-pocket expenses you have incurred.
-
Future losses - these take into consideration any losses that
might reasonably be incurred in the future including loss of
earnings and even loss of pension. It also covers an assessment of
the cost of any future care or accommodation, treatment or drugs
you may need.
Time
Limits
It is
absolutely essential to begin your claim as soon as possible so
that evidence can be considered whilst it is still fresh. Whatever
you do, however, do not wait longer than three years because court
proceedings must be commenced within 3 years of the date of the
accident or medical negligence occurring, failing which claimant's
lose the right to bring a claim unless the court exercises its
discretion to extend the 3 year period allowed which is very rare.
One exception to this rule involves children who have until the
day before their 21st birthday to claim. Furthermore, where the
claim involves an industrial illness/condition which developed
over a period of time then the 3 years runs from the date the
claimant was either diagnosed or from the time they could have
reasonably known that the condition was caused by their job.
Finally, if the claimant suffered a criminal assault, then the
claim must be brought within 2 years of the date of the assault
and they must have reported the incident to the police immediately
following the assault or as soon as they were reasonable able to.
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The Accident
Solicitors, the brand, is part of Antrobus
Solicitors, a firm regulated by the Solicitors
Regulation Authority. Details of the
professional rules which regulate solicitors can
be found at the following website address:
http://www.rules.sra.org.uk |
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The Accident Solicitors - handling cases nationwide:
Carlisle, Worcester, Durham, Lincoln, Hereford, Canterbury, Litchfield, Ripon,
Bangor, Wells, St. David's, Luton, Bedford, Bedfordshire, Berkshire,
Buckinghamshire, Cambridgeshire, Cumbria, Derbyshire, Dorset, Essex,
Gloucestershire, Hampshire, Herefordshire, Kent, Leicestershire,
Lincolnshire, Middlesex, Norfolk, Northamptonshire, Oxfordshire,
Shropshire, Somerset, Suffolk, Sussex, Warwickshire, Wiltshire, Worcestershire, Reading, Newbury, Anglesey, Gwent, Clwyd, Gwynedd, Dyfed, Powys, Bath, Brighton, Cambridge, Oxford, Plymouth, Southampton, Stratford, York, Glamorgan, Cheltenham, Bradford, Wakefield, Coventry, Leicester, Sunderland, Hull, Wolverhampton, Swansea, Salford, Ipswich, Portsmouth, Peterborough, Lancaster, Newport, Preston, St. Albans, Norwich, Chester, Salisbury, Exeter, Gloucester, Chichester, Winchester, Cleveland, Tyne and Wear, Northumbria, Wrexham, Cardiff, Manchester, Liverpool, London, Birmingham, Derby, Bradford, Cheshire, Lancashire, Yorkshire, Newcastle, Birmingham, Devon, Cornwall, Sheffield, Staffordshire, Leeds, Nottingham, Bristol Stoke.
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