Mistakes people make when making a personal injury claim.
How to find out whether you need professional accident advice.
There are so many examples of accidents that bring about personal injury claims that researching whether you are entitled to damages can often be quite a daunting prospect.
The law defines a personal injury as being, an injury that occurs on the road, at work, as a result of being supplied with faulty goods, or as a result of medical negligence. A personal injury can occur at home or elsewhere where someone else is to blame. A personal injury can be physical or psychological; the law covers you for both examples.
There are several things to consider after the event of a personal injury; some of these factors can often be overlooked at the time of the incident. The sooner you can rectify any anomalies the stronger your case will be.
If your personal injury is a result of criminal activity you should report it to the police as soon as is possible. In these instances you can claim compensation through the Criminal Injuries Compensation Authority, though your claim must be reported to the police within two years of the event and you will require a crime number.
If your personal injury is the result of a road accident (e.g. a whiplash injury) report it to the local police station within 24 hours and to your insurer as soon as is possible. If possible you should also get any details of possible witnesses to the incident. You may rely on their testimony to back up your claim later, when you go to court.
If your injury was a result of a slip or a fall you must have had to seek medical attention in order to bring about a successful case. If your accident occurred in a public space the local council will be legally responsible. As part of their duty to the public they will have a public liability insurance policy to cover any responsibility toward the community.
These types of accidents are the most common types of personal injury and those most easily pursued by accident solicitors or specialist claims companies. You should register a complaint to the council involved and have medical evidence of your injury before considering a claim – although a good specialist claims company can advise you on what is required if you get in touch as soon as you can after an accident.
Work-related claims can also fall into the personal injury claims category. These injuries or accidents are considered a breach of contract between employer and employee and if a breach of duty of care is proved it is easier to get compensation and recover any loss of earnings.
Your solicitor or claims company will usually expect you to be able to provide satisfactory evidence that your accident or injury could easily have been prevented and that you were not responsible for your own safety.
For all of the above instances it is advisable to find an experienced personal injury solicitor or claims company who will be able to advise you further.
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