PERSONAL INJURY

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.

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.

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.

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.

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.

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.

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.

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.