Many thousands of people are involved in accidents every year but often people do not pursue claims for compensation because they are not aware that they are entitled to anything. We are here to provide some general advice and information to help you understand how to claim accident compensation and whether you may have a legitimate case.
There are some general guidelines that will help you to know whether or not you have been in an accident that could lead you to make a claim. In reference to your accident, ask yourself these questions:
If you answered yes to the above questions, there is a good chance that you could make successful claims for compensation. This is just a general and simplified starting point, so even if you did not answer yes to all of these, that does not mean you have no chance of a claim. If you think there are any grounds at all it is always best to seek proper legal advice.
Some people are concerned about the potential costs of making a claim. It is well known that legal fees can mount up quickly and there have been reported cases of people believing they are making a claim on a no win no fee basis and then being saddled with large costs afterwards. There are genuine no win no fee solicitors, but you need to be careful about making sure you find these. The usual way they can offer this service is through taking out an insurance policy that covers their costs if they lose. Sometimes you are expected to cover the cost of this policy, sometimes the lawyers will cover it.
It is possible to find effective and genuine accident and injury lawyers who will guarantee that you pay nothing and keep all the compensation. Here are the guarantees you should look for. You should never be asked to pay for an initial consultation to get the basic information about your case. At this stage you should be given an opinion on whether you have a good case or not and your chances of making a successful claim for compensation. The lawyers should promise to underwrite any and all costs incurred throughout the case. They should guarantee that you will have no costs or other liabilities if the case is lost and you should be guaranteed to receive 100% of any compensation awarded.
In general claims for compensation fall into two main areas. These are called general damages and special injuries and future loss. General damages are in relation to the most obvious effects of an injury, such as the pain and discomfort that result from the accident and recovery process. The special damages and future loss area is concerned with any extra expenditure you have had as a result of the accident, or any income you have lost because of it.
So this will include any goods that were damaged or lost through the accident, such as clothes, your car or other property, and things like any costs associated with treatment, including travel costs if you had to attend hospital appointments. It may also include travel costs for relatives if they had to spend money to visit you in hospital. Then there are the potentially large losses that may be incurred in some situations if an accident prevents someone from carrying on with their job. Any money you spend that you would not have spent if it was not for the accident may be able to be included. It is good practice to keep receipts for any such costs incurred.
Accidents At Work
Injuries in the workplace are very common. While many of these are quite minor, there are a lot of quite serious accidents too. It is not just the more obviously dangerous industries such as construction where you can be injured. Clearly these areas carry a lot of risks, but an accident that results in an injury could occur almost anywhere. Bear in mind that any claim you make against your employer will be covered by their insurance, so you are not seeking money direct from your employer’s pocket. You should not be harassed in any way because of such a claim, but there are regulations in place already that protect you from such action.
The basis of any injury at work claim is likely to be that all employers have a duty of care under which they must make sure the work environment is a safe place to work. This includes the actual space and facilities but also the equipment that staff have to use and making sure that people are properly trained to use the equipment or tools safely.
Road Accidents
Another huge source of accidents and injuries each year. It does not take much thought to see how someone could be injured in a road accident through no fault of their own. It is not just drivers of vehicles that this applies to, but passengers in other people’s cars, passengers on buses or other public transport and of course pedestrians or cyclists. A very common injury resulting from being in a car accident is whiplash, which can be very painful and difficult to treat.
Slips Trips And Falls
There are many causes of slips trips and falls and quite often they are at least in part caused by someone neglecting to take due care about an area for which they have responsibility. Outdoor paved areas can be hazardous if not properly maintained and any area with a floor that is slippery when wet is likely to be dangerous at times if appropriate preventative measures are not in place.
A common area for slips are shops, and in particular supermarkets, where the nature of the shop means there is an increased likelihood of goods being spilt on the floor. It is the retailer’s responsibility to ensure that they have appropriate systems in place to take prompt action to spot and deal with any such spillages. Trips and falls can happen not just with uneven floor surfaces but when physical obstructions are left in the way. A workman leaving some tool or other item on the floor while they are working is all it takes to cause a nasty fall.
The amount of compensation that you might be entitled to will vary depending on many factors. There is such a thing as contributory negligence, where it may be decided that you contributed in some way to the injury. If it is decided that your own actions were in part responsible for what happened, that can reduce the amount of compensation you would get. Being injured is not an excuse to incur unnecessary expenses and if you are not seen to have been reasonable in doing what you could to minimise the financial impact of the accident this might result in your compensation being reduced. If it is decided that your losses would actually have been less than you are claiming if you had acted differently then that will be reflected in the amount awarded.
