The Basics of Accident Claim Law

Because UK accident claim law is relatively complex it is advisable to consult an accident claim solicitor. All the same, even though the law is complicated, the injured part should be able to understand, if only at a basic level, how an accident claim works and whether they are entitled to claim in the first place.

Eleven million accidents annually cause person injury and solicitors estimate that two million of these are caused by someone else. This is why the law allows accident victims to claim monetary compensation for their injury and losses. This sort of claim, known as a personal injury or accident claim goes through the civil courts.

Solicitors working on a no win no fee basis usually handle this type of claim. Only cases with a decent chance of success are therefore taken on. There are various factors which affect chance of success and right to make an accident claim.

Timing is the first major factor. If the accident happened over three years ago it is very unlikely that the claim will be successful, because the law has a limitation period of three years for this kind of claim. It is important to remember that if the injury happens to a minor, the three year period only starts after their eighteenth birthday.

The type of injury sustained in the accident and whether they were treated or recorded by a doctor also impacts on the claim. The records made by the doctor at the time of the injury will play a vital role as evidence in the case. This means that victims of accidents should always seek medical attention as soon as they possibly can.

Accounts of any witnesses will also play a role. Solicitors will liaise on the victim’s behalf with any police or emergency service staff who witnessed or attended the incident. Other witnesses will also be important. It is better that they give a statement as soon as possible after the accident so that the details they give are fresh in their minds. However, the victim should never collect statements. All the same, it is all right for victims to approach witnesses to collect names and addresses.

Finally, other evidence is important too. It is helpful to take photos of the injuries and the scene of the accident. A diary with lots of details should be kept during the recovery period. Any receipts for costs incurred by the injury should also be presented to the solicitor.

Accident claim law in the UK can be very complex, but it is important for accident victims to be aware of their rights and the process of making a claim. Speaking to an accident claim solicitor is still important.

Published by: Admin on April 3rd, 2010 | Filed under Attorneys Personal Injury