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:-

1. General damages - this will represent any pain, suffering or injury you have sustained.
    

2. Special damages - these include any loss of earnings or out-of-pocket expenses you have incurred.
    

3. 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.

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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