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Personal injury claims explained
Posted by admin | Posted in Personal Injury | Posted on 06-07-2010
Each year some three million people suffer a personal injury in accidents across the UK. Whilst most of these will simply be unfortunate and blameless events, responsibility for the accident will lie with someone and the victim will have the right to compensation under the law.
Whether it’s whiplash resulting from a car accident, an injury caused by unsafe working conditions or an industrial illness from employer negligence, many people who have suffered in such incidences will be able to make a personal injury claim. For some victims this is practically essential as their injury can prevent them from finding future work or cause them long-term problems in their financial security.
Beyond direct compensation, making a personal injury claim can also prevent the accident happening again. Often a dangerous situation will remain that way until the person responsible is forced to accept that something needs to be done to make it safe. This could be anything from an accident caused by dangerous road conditions to hazardous materials in consumer products.
Of course, making a personal injury claim can often be complicated but with the help of professional legal advice, thousands of people have been awarded damages and loss of earnings to compensate for their injury.
If you have sustained a personal injury in an accident that can be linked to someone’s negligence or lack of due care and you want to make a claim, then you’ll definitely need some legal advice and advocacy. Most solicitors will be happy to hear the details of your case free of charge. Generally, they’ll need to know:
• When, where and how your injury happened
• Contact details for any witnesses
• The details of your injuries and any medical diagnosis and treatment you’ve received
• Any loss of earnings or financial expenses incurred as a result of your injury
Once they know that, they’ll evaluate your case and tell you how likely your case is to succeed and how much you could expect if you went ahead with a claim. If they think you have a case then they’ll take up your case and the process of making a personal injury claim can begin.
First, they’ll help you gather any supporting documentation that could help your claim (e.g. an expert medical opinion). Then they’ll contact the defendant with a claim letter that sets out the details and circumstances of your injury, giving them the chance to accept liability and make a settlement or deny liability and face legal action.
If they refuse liability you’ll have the chance to decide whether or not you want to challenge them and ask the court to award you compensation, or whether you want to let the matter rest. Once you’ve gone to court, a judge will hear both your argument and that of the defendant and depending on how well supported your case is, you may be awarded compensation for both your injury and any loss of earnings.


