Think you have a personal injury claim? If in the last 3 years you have been injured in an accident that wasn’t your fault, then there’s a good chance you do. Here’s five reasons why most claims are accepted, to help you decide whether yours is worth pursuing:
1. Common law or statutory duty of care
If it can be shown that a common law or statutory duty of care was owed to you at the time of your accident, but the defendant failed in that duty to you and this breach of duty caused your injury and loss, then you will have an unlosable compensation claim. Online compensation solicitors will push for the maximum pay-out under the circumstances.
2. Evidence of witnesses
Sometimes, accidents happen with nobody around. In such cases, it’s up to the claimant to prove that they were not at fault for the accident, and down to the defendant to prove otherwise. The evidence of witnesses can prove both side’s case, however in the case of the claimant, it can be enough to see the other side fold and accept your claim. A witness can be a member of the public, a work colleague or indeed anyone who witnessed the accident.
Personal injury claims are built on documents so if you are thinking about making a claim, you should start keeping them right now. Documentation including photographs of injuries and other recorded items can prove vital when making a claim. Furthermore, documents that you have describing your accident can submitted to a claim. It’s important to remember that you will have to sign a Declaration to confirm that you have disclosed all relevant documents to your claim, before your claim can proceed.
Even though all personal injury claims should be thoroughly investigated by the other side, sometimes the amount of compensation being demanded is far less than the cost of looking into a claim further. Some – but not all – defendants simply accept a claim if this is the case, however this does not in any way subtract from the need for a compelling case. Your solicitor will build you the strongest case possible, to maximise the chances of claim success
5. Expert evidence
Expert evidence comes in the form of evidence submitted through police reports, other emergency service reports and medical reports. With regard to the latter, you will have to attend a medical examination for your claim to be processed. The medical report will prove that your accident caused your injuries and symptoms. This will be set up by your solicitor at a time and on a day that suits you best. It’s important that you are as truthful as possible at this stage, so a fair and proportionate settlement figure can be created.