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GUIDE TO PERSONAL
INJURY/COMPENSATION CLAIMS
HOW LONG DO I HAVE TO CLAIM?
In English Law you generally have 3 years from the date of the
accident to bring your claim.
This only means that you have to issue proceedings
not that you have to actually get to a trial.
In the case of children this time limit is extended,
although it is usual and advisable for parents/guardians to
bring actions on behalf of their children.
HOW MUCH CAN I CLAIM?
There are two types of compensation in a case.
The first is, obviously, compensation for the injury
that you suffer and this includes compensation not
only for the immediate symptoms but also the long
term symptoms and treatments.
The second type of compensation is for the financial losses
that you can suffer which can often have a more disastrous
effect on your life than even the injury itself.
The types of financial loss you can recover would include:-
- Loss of earnings from time off work or because you lose
your job or unable to return to work.
- Treatment expenses - from painkillers to full medical
treatment or operations.
- Travelling expenses to treatment sessions
- Any other reasonable incurred costs or loss or expense
suffered
Click here to read more about Claiming Compensation for Personal Injury
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ROAD TRAFFIC ACCIDENTS
Road Traffic Accidents are now a fact of life but that does
not mean that they have to ruin your life.
If you were involved in an accident in the last three years
that was not wholly your fault then there is a good chance
that you can claim compensation not only for your immediate
expenses but also something for your injuries and other
financial losses.
Sometimes the other driver has no insurance or they flee
the scene and you do not know who they were. In such cases it
is still possible to claim compensation and the claim will be
under the Motor Insurers Bureau (MIB) scheme.
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ACCIDENTS AT WORK
Nearly everyone has to work, and you are entitled to expect
that your employers will have considered your safety and they
ensure that you only work in a safe environment with the right
equipment.
So when injuries occur, it is possible that you
may have a claim against your employer because they
have failed to look after your safety properly.
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OCCUPIERS LIABILITY
You can suffer an accident anywhere and sometimes this can
be when you are a visitor to someone else's property or place
of business such as shops, stores factories and garages.
In these situations it is possible that the accident
occurred and you suffered the injury because there is a defect
or fault with the property or that the area is not as safe as
it could be.
In such a case you would have a claim for compensation
against the owner of the premises.
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CRIMINAL INJURIES
COMPENSATION AUTHORITY
For those who are victims of violent crime, the criminal
justice system may prosecute the person who attacked you but
it rarely compensates you for the injuries you suffer.
However there is a government scheme run by the Criminal
Injuries Compensation Authority (CICA) which allows you to
claim compensation for your, whether big or small, without the
need for you to confront your attacker or worry about whether
he has money to pay the compensation.
It should be noted though that your must notify your claim
within 2 years of the attack.
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NO WIN NO FEE
In most Personal Injury cases, it is now possible to offer
clients the option of funding their case under a "No Win
No Fee" scheme or conditional fee arrangement rather than
other sources of funding such as privately, CLS Public Funding
or union membership.
Such schemes mean that it is the solicitor and not yourself
that bears the risks and the costs should your case lose for
any reason, because if you don't win then the solicitor
doesn't get paid at all.
Also in English Law, if the case has gone as far as Court
proceedings, then you could be required to pay for the other
side's costs.
However it is possible to take out insurance against this
risk so that you don't have to pay their costs.
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