Accidents happen every day and result in thousands of people suffering personal injury every year. An accident injury can occur on the roads and footpaths, at work, in public places, at home, at school, during medical treatment and in many other situations but whatever the location, if the accident was caused wholly or partly by someone else, a right to compensation is likely to exist.
In many cases the accident and consequent injury is through no fault of the injured person but is caused by someone else. Some common types of accident claims which may occur are:
1. Road traffic accidents - injuries to vehicle occupants, pedestrians, cyclists
2. Accidents at work including industrial diseases
3. Accidents in public places
4. Injuries caused by defective goods or products
5. Medical or dental negligence
"Special Damages" is the term used to describe the compensation which can be recovered from the negligent party in respect of expenses or financial losses suffered as a result of an accident and which can be reasonably easily quantified. Examples of the types of items which may be involved are :
1. Loss of past earnings and assessed future earnings
2. Medical Expenses - past and future
3. Cost of nursing or other professional care - past and future
4. Gratuitous assistance eg unpaid help from family and friends
5. Prescription charges
6. Travelling expenses for attending hospital, doctor etc for treatment resulting from the accident
7. Costs of gardening, decorating, housework etc if you have to pay for this to be done because you are no longer able to do it yourself
8. Loss of or damage to your property
Obviously not all of the above will apply in every case and there may be other items depending on the individual circumstances of each claim.
In order to claim successfully it will be necessary to prove that the person was negligent and that the negligence caused the accident resulting in the injury. Where a claim is being pursued for specific items of financial loss or expense, satisfactory evidence will be required to support the amount being claimed.
Certain areas of claim such as pain and suffering, loss of future earnings, loss of amenity will normally be assessed by the court.
With certain exceptions a claim for personal injury compensation must be brought within three years of the accident. The main statute governing time limits is the Limitation Act 1980. The issue is complex however and there are situations where a shorter period may apply. Despite the three year period therefore you should contact a solicitor as soon as possible if you wish to pursue a claim.
Accident Claims are complex, sometimes exceedingly so, and to pursue a claim you will need the services of a solicitor with particular expertise in this area. Making the right choice of solicitor is a matter you should take careful consideration over to make sure your compensation claim is handled effectively whether it is settled in or out of court.
About the Author:
Ian Hass is owner of Ecompensation, the online marketing arm of Excalibur Solicitors, an experienced UK law firm specialising in all forms of accident claims. Ecompensation handles claims for Accident Types including No Win No Fee Whiplash Injury, Accidents at Work and Car Accident Claims.
Accident Consult Ltd is regulated by the Ministry of Justice and is authorised to undertake regulated
claims management activities under the provisions of the Compensation Act 2006
Further details of the Compensation Act and the work of the Ministry of Justice
can be found at www.claimsregulation.gov.uk.
