PERSONAL INJURY

If you still have questions take a look below for the answers

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Should I accept the first offer of compensation?

The first offer of compensation is rarely going to be the best possible offer that the Respondent can put forward and therefore we would always advise that you seek the advice of a solicitor as to the reasonableness of the offer.

How do you prove emotional pain and suffering?

In order to prove pain, suffering and loss of amenity, you need a medical report from a recognised and accredited medical expert, ideally specialising in the area relevant to your injuries.

How long can you wait before making a personal injury claim?

You can make a personal injury claim at any point after the incident up until 3 years after the event or the date of knowledge. You must issue your claim at court before this three year time limit expires.

What is classed as an accident at work?

In order to bring a claim for employers liability the accident must be attributable to an act or a failing on the Defendant employer’s part.

What do I do if I have a car accident?

If you have a car accident then it is important to take the following steps in anticipation of a personal injuries claim:

 

  1. Contact the police if you believe it is necessary. Such as if you believe they are under the influence of drugs or alcohol or if you believe the other driver may have deliberately caused the accident
  2. Exchange contact details with the other driver and any witnesses involved
  3. Record details of the incident and especially make a note of the location, conditions, circumstances and injuries. Back this up with photographs if possible.
  4. Contact your insurer to inform them.
10 things you need to do after an accident:
  1. Stop the car as soon as possible – it’s an offence not to do so.
  2. Turn off the engine.
  3. Ensure your hazard lights on.
  4. Check yourself and any passengers for injuries.
  5. Remain calm and do not exit the vehicle unless it is safe to do so.
  6. If it’s a minor collision with no injuries, make a note of it just in case the other driver later decides to make a claim.
  7. Call the police and an ambulance immediately if anyone is hurt, if the road is blocked or if there is other cause to do so.
  8. Don’t apologise or admit responsibility for the accident until you’re completely aware of what happened – this can protect you from liability if it wasn’t your fault.
  9. Take contact details from the other driver and any witnesses to the incident.
  • Note details of the incident including the circumstances of the incident, the conditions, time/date etc. for future potential use when bringing a claim for personal injury. If possible also take photographs of the scene.
How do you exchange information in an accident?

It is important to have a calm discussion with the other driver and note down all of the necessary information needed to pass on to your insurance company and to make a claim for personal injuries. If the information provided is false or the driver declines to provide any contact information then it will be necessary to contact the police. Always record the registration number of the other vehicle and the identity of the other driver.

    Can you claim for anxiety after a car accident?

    It is common for people to suffer from forms of anxiety such as travel anxiety following a road traffic accident and it is an injury that you can claim damages for if it resulting from the incident.

    What do I do if I cannot do my job after an injury?

    In a claim for personal injuries you can claim for any loss of earnings you have incurred as a result of the incident. This can include any regular overtime, unsociable hours payments or other such benefits.

      Can I sue for emotional distress after a car accident?

      You can sue for psychological injuries resulting from a road traffic accident. This can range from travel anxiety to PTSD and beyond. If the harm results from the incident then it is quantifiably recoverable.

      How long do I have to claim for an injury?

      Under section 11 of the Limitation Act 1980 (LA 1980), the time limit for bringing a claim for personal injuries is three years from the date of injury. Alternatively, if later, then this can be extended to three years from the date of knowledge. In order to constitute full knowledge you must be aware of the following:

       

      1. That the injury was significant
      2. That the injury was partially or wholly attributable to an act or failing on the Defendant’s part
      3. The Defendant’s identity and
      4. of the identity of that person and any relevant additional facts
      How long do I have to claim for an accident at work?

      Accidents at work have a three year limitation that applies in the same way.

        How long after an injury can I make a claim?

        You can make a personal injury claim at any point after the incident up until 3 years after the event or the date of knowledge (see above).

          How long do I have to report an accident to my insurance company?

          You should report the incident as soon as possible to your insurance company and you must report the accident to the police within 24 hours if you do not give your details at the time of the incident.

            Should I tell my insurance company about a minor accident?

            You should always report an incident even if it is minor as many insurance policies contain language that inhibits your ability to use coverage if the company is not reported within a specified timeframe.

              What should I do immediately after an accident?

              See 10 things you need to do after an accident. A more concise version would be limited to turning off the engine, turning your hazard warning lights on and making sure everyone is safe. If this is to be a legal response then choose the later instructions which are to obtain details of the other driver and witness and note the circumstances of the incident.

                How long does it take to receive an offer of compensation?

                This depends on the simplicity of the incident and whether the other driver accepts liability. If liability is accepted and there are no overly complicating factors then we advise that it would take 3-4 months to receive an offer of compensation.

                  What is a catastrophic injury?

                  A catastrophic injury is a severe injury to the spine, spinal cord, or brain, and may also include skull or spinal fractures and amputation. These are life changing injuries and require specialist advice to deal with such cases.

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