A BRIEF GUIDE
TO ACCIDENT COMPENSATION
Every year, thousands of people in this country are involved
in accidents that lead to them being off work for four weeks or
more, yet few ever seek legal help in connection with their accident
Contents
-
Legal Aid
- Will My Claim Succeed?
- What Can I Claim For?
- What Information will I have to provide?
- Will I have to go to Court?
- How long can I wait before making a claim?
Legal Aid
You can apply for Legal Aid if your income and capital are within
certain limits.
Legal aid must
always be considered a loan - if you win your case, the Legal Aid
Department will recoup any costs incurred in the litigation which
are not paid by the other side.
Will my claim
succeed?
If
you are claiming compensation for an injury, the law requires that
you prove that the other party was guilty of negligence or the breach
of a statutory regulation.
This means that
in order to bring a successful claim, you will have to prove that
somebody was at fault - and that this fault caused your injury.
What can
I claim for?
You can claim for
permanent
injuries, pain and suffering you experienced
· any loss of earnings while you are off work
· any damage to property - for example the car that you were
driving at the time of the accident
· reasonable expenses resulting from the accident can also
be claimed for - such as private medical fees, prescriptions, hire
of replacement vehicle, and so on.
What
information will I have to provide?
As
part of the claim, we will ask you to give a detailed account of
exactly what happened in the accident, and if possible the names
and addresses of any witnesses. You will also need to produce receipts
for any expenses relating to your claim.
Will I have to go to Court?
The
overwhelming majority of claims for damages never go to trial, and
are settled following negotiations with the Insurance Company representing
the person(s) at fault.
To get a good
settlement, however, one always has to let the insurance company
know that you are prepared to go to court if necessary.
How long
can I wait before making a claim?
A
claim for personal injury must be brought to Court within 3 years
from the date when the accident occurred.
Obviously it
is best to start claiming at once, but some cases take a year or
more - this very much depends on the time it takes to get a proper
medical prognosis.
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