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Claims Home > How to claim personal injury compensation

 

How to start your personal injury compensation claim.

It is an unfortunate fact that people are injured everyday across England and Wales due to no fault of their own in totally avoidable accidents at home, at work or simply going about their daily activities.

People who are injured through no fault of their own are usually able to make a claim for personal injury compensation and in the majority of cases it is important that the claimant insures that they have the support and expertise of a solicitor. However, the cost of employing a solicitor could often be expensive prior to 1998.

Fortunately, the law was changed in 1998 to allow "no win no fee" agreements to be used in civil court action (with the exception of action in the family courts). This has widely increased access to good quality legal advice for people who may not have previously been able to afford it.


What is needed to start a claim?
As with any legal case, evidence is key. It is therefore crucial that you record the facts in as much details as possible. Don't worry if you can't remember everything – it sometimes takes time for people to recall the facts – but at least try to obtain the following:

  1. the name and address of the person responsible for your injury (i.e. the business owner, vehicle driver or perhaps the land owner)

  2. the date and time that the accident occurred

  3. the details of any witnesses, especially if they are independent

  4. if you were involved in a Road Traffic Incident, the registration number of the vehicle that caused the collision
    photographic evidence

In addition, it may also be helpful to obtain the following:

  1. the names of any police officers who might have attended

  2. a crime reference number

  3. dates of times of doctors appointments or dates that you attended hospital (although these can be obtained from you medical records later)

Always try to ensure that your claim is logged in an accident book especially if it occurs in the workplace or in a supermarket. Ask for a copy.

 

When should I start my claim?
It is advisable to start your claim as soon as you feel well enough to do so. Remember that in the majority of cases you have 3 years to present your claim (3 years from the day you turned 18 if you were under 18 at the time of the incident) so it's important that you begin the procedure as soon as possible. After 3 years it is almost always too late to claim compensation.

It is also more likely that you will recall the facts of the incident more clearly the sooner you begin any action.

In some cases it is possible that the 3 years will commence once the outcome of the injury was identified. If you are unsure, we are happy to advise you free of charge.


How much compensation will I receive?
In almost every case, the amount of compensation received can vary. The total award is based on many variables such as the time it takes for you to recover from your injuries and the severity of those injuries. However a solicitor has the knowledge and expertise to obtain the maximum amount of compensation available.

How long will it take for my claim to complete?
The speed in which your claim is completed will vary depending on many factors including the time it takes to gather evidence and the speed in which the guilty party takes to cooperate. However, you can rest assured that your solicitor will follow you case closely at all times.

Always be cautious of solicitors who guarantee time-scales before being provided with all the evidence.


Will I have to pay anything if I lose my case?
No. As long as you cooperate with your solicitors and do not do anything to jeopardise the case, you won't have to pay anything if you lose your case.


I have been injured as a result of a criminal activity. Can you help?
In most cases, we are unable to help. However, you can still make a claim for compensation under the terms of the Criminal Injuries Compensation Scheme with the help of the UK Governments Criminal Injury Compensation Authority (CICA). Click here to be directed to CICA's website.

 

Get free advice from us today.

To make a claim, simply call us today on 0800 612 7808 or complete this simple form and we’ll call you back.



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