If you have suffered an injury as a result of an accident which wasn’t your fault then there is a very good chance that you will be entitled to make a claim for compensation.
Whether your injury was sustained via an accident at work, a road traffic accident claim or even an accident in your local supermarket, so long as you weren’t to blame for that accident, you will have a case for a personal injury claim.
Personal Injury Lawyers
Naturally the first step in pursuing a claim for personal injury is finding a solicitor who specialises in personal injury claims. These days, with more and more individuals standing up for their rights and making claims for the compensation they are entitled to, there is no shortage of high quality personal injury law firms just waiting to help you with your claim.
Most personal injury lawyers operate on a no win no fee system which gives the claimant added protection. A no win no fee claim means that, should the claimant be unsuccessful in their claim, they will not be required to pay for their solicitor’s services and all the defendant’s court costs and legal fees will be taken care of by the claimant’s insurance.
However, in the majority of cases, where the claimant is successful in their claim, the defendant will be left to fit the bill for both his own legal costs and the claimant’s as well as coughing up the compensation owed.
Preparing the case
Once the services of a good solicitor have been secured the next step is to begin preparing the case. Obviously the solicitor will take care of all the legal aspects of the case but you will be required to supply certain pieces of evidence which will be crucial to the case.
Whilst taking photographs directly after your accident was probably the last thing on your mind photographic evidence can really help to back up a personal injury case. If you are not in a position to take photographs yourself perhaps a colleague, family member or friend can do so on your behalf. It is a good idea to take pictures of both the injuries sustained as a result of the accident as well as the scene of the accident itself. If there is any equipment or apparatus involved in the accident this should also be photographed
Statements from Witnesses
Obtaining statements from anyone who witnessed the accident is also vital. This will help the solicitor in piecing together how the accident actually occurred and why. It will also show that you weren’t responsible for the accident and proving negligence.
After your accident you will most certainly have to be examined by a doctor if not hospitalised for a particular length of time. The doctor assessing your injuries will be required to supply a detailed medical report on your condition. This should include the extent of the injuries sustained, whether you required surgery and any further treatment and medication you receive
If your accident occurs in the workplace it should be recorded in the accident book and there should also be a supervisor’s and employer’s report documenting the accident. If you required three or more consecutive days off work due to the accident the company’s health and safety executive should also be notified. Copies of all these documents will also help your solicitor to build up the case
Pain and Suffering as a result of the Accident
A claimant is often advised to keep detailed records of the pain they experience as a result of the injury. It’s worth keeping a ‘pain journal’ to log the type of pain or discomfort you are suffering and when the pain occurs. You should also include details any medication administered for the pain
Loss of Amenity
If the injury/injuries sustained from the accident have prevented you from partaking in an activity or hobby which gives you joy, pleasure and enjoyment this is classed as a loss of amenity. Make sure your solicitor is made aware of any loss of amenity you have suffered
In most cases accident victims will be required to take some time off work which may well result in the individual losing out on some or perhaps all of their earnings. Make sure you keep an accurate record of how much income you have missed out on as a result of your accident and, if the accident causes long term affects, how much income you are likely to miss out on in the foreseeable future
Keep fuel and taxi receipts for all journeys made to and from the hospital, clinic or GP surgery as a result of your accident
You will also be advised to keep hold of all receipts for medication prescribed as a result of your injuries
Once all the evidence is in place and the solicitor has prepared the case the case will then be heard in court where the judge will use all the evidence provided to calculate the amount of compensation due to the claimant.