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A Brief Guide to an Accident Claim
Because UK accident claim law is relatively complex it is advisable to consult an accident claim solicitor.However, even when the law is complex, the victim deserves to understand at least at a basic level what happens in an accident claim, whether they are entitled to claim and what they should do.
There are over eleven million accidents every year which lead to personal injury, of these solicitors estimate that over two million are caused by another person.The law therefore allows victims of such accidents to make a claim for money to compensate them for injury and loss caused.This sort of claim, known as a personal injury or accident claim goes through the civil courts.
Most solicitors in this field work on a no win no fee basis. This means they will normally only take on a case if they are reasonably sure that the case will be successful. Several issues have an effect on whether a claim is successful or not and whether the victim has the right to make the claim.
The first factor is the timescale. Because of a limitation period, injuries which happened over three years ago are statue barred meaning they will almost certainly fail. It is important to remember that if the injury happens to a minor, the three year period only starts after their eighteenth birthday.
The injuries sustained in the accident and whether they were properly recorded by a doctor at the time will also affect the outcome of the claim. Doctor’s notes made at the time of injury will play a pivotal role in the case. Therefore accident victims should seek medical advice quickly following an accident.
Accounts of any witnesses will also play a role. Liaising with police and service people who attended the accident will be the responsibility of the solicitor working on the case. Any other witnesses are also helpful. It is obviously better if witnesses give their version of events relatively soon after the incident before they forget any details. However, the victim should never consult the witnesses themselves. It is okay for them to collect the names and addresses of any witness though.
Lastly, the amount of evidence aside from the witness statements is important.Victims should take photos of the scene of the accident and their injuries.A diary with lots of details should be kept during the recovery period.Victims should also keep all receipts to prove the extra costs they have incurred as a result of their injury.
Although accident claim law can appear complex, all accident victims should know a little about the claims process and their rights.This information is meant only as a brief guide, seeking the advice of an accident claim solicitor is still very important.
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