Accident Claims – Expert Guides And A 100% No Win No Fee Compensation Service
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How to Make an Accident Claim
To make an accident claim, you should firstly make sure everyone is safe, and seek immediate medical attention if you have suffered an injury. You should then report the incident to the police and to your insurer, and gather evidence (CCTV footage, photographs, copies of your medical records, witness details, etc.) before seeking legal advice. You typically have 3 years from the date you suffered an injury to seek legal advice and begin the accident claims process for your suffering, as per the Limitation Act 1980.
What Is An Accident Claim?
An accident claim is a form of legal action that arises when someone has suffered an injury and they believe it was the fault of someone else.
We’ll take a more in-depth look at common types of accident claims below, but a clear example can be seen on the roads. For instance, if a driver is on their mobile phone and fails to see the car in front stop and crashes into them, the person on their phone would be at fault.
An accident claim falls under personal injury law. This type of law is based on the principle of negligence, which we explain in greater detail below.
What To Do Immediately After An Accident
- Check for any injuries and call the emergency services if anyone is hurt.
- Report the incident to the police as soon as you can.
- Exchange details with all parties involved, including their contact and insurance details.
- Gather evidence – photographs of the accident scene and your injuries, witness contact details, record the time and location of the accident, request CCTV footage, etc.
- Inform your insurer about the incident, even if you’re unsure whether you want to go ahead with the accident claims process yet or not.
- Keep all medical and expense records to support your compensation claim later on. These records can prove how you were injured, and what money you have lost as a result of the accident.
What Evidence Can Help Accident Claims?
The best types of evidence in accident claims help show how an injury resulted due to negligent actions. For example:
- Photographs of the accident scene and of the injuries.
- Copies of independent medical and hospital records.
- Witness contact details.
- Police incident reference number.
- CCTV or dashcam footage of the accident.
- Personal recordings of the symptoms that’s been suffered, and the treatment that’s been given.
- Receipts, invoices, bank statements, and payslips.
Our specialist solicitors can assist in gathering this evidence to make the accident claims process a lot simpler for our clients.
The Eligibility Criteria For Accident Claims
In some circumstances, you could be eligible to make a personal injury claim for compensation after an accident, and our solicitors can help.
To make a claim under personal injury law, certain criteria must be met. These include proving:
- A third party owed you a duty of care
- They breached this duty of care
- You experienced physical or psychological harm as a result. This is known as negligence.
Negligence must be demonstrated as part of the accident claims process. You can do this by collecting evidence to support your claim, something we talk more about below.
Time Limits In Accident Claims
The limitation period to make an accident compensation claim is 3 years from the date of the accident. The 3-year period is set out by the Limitation Act 1980, and should you attempt to claim after this period, your claim might be time-barred.However, there are circumstances that allow for an exception. In these cases, the time limit will be paused:
- If the claimant is younger than 18 years old. If the claimant lacks their full mental capacity. For example, if they have suffered a moderate or severe brain injury from their accident.
While the time limit is paused, an appropriate adult could make a claim as a litigation friend on the claimant’s behalf. However, if no accident compensation claim has been made before:
- The claimant turns 18. The claimant recovers their full mental capacity.
Then the usual 3-year time limit will commence from these dates (from the date of their 18th birthday, or the date of their recovery).To learn more about claiming for someone else as a litigation friend, or to find out how long you have to file your own claim, please contact the Accident Claims helpline. Our advisors would be happy to help.
What Are The Most Common Types Of Accident Claims?
Some of the most common types of accident claims include:
Workplace accidents – according to figures published by the Health and Safety Executive (HSE), around 561,000 people suffered an injury at work in 2022/23, which makes it one of the more common types of accident claims. Of this number, the most frequent type of accident at work were slips, trips and falls, with manual handling injuries close behind.
Road traffic accidents – incidents on the road can cause some of the most serious injuries. The phrase “road traffic accident” covers three different types of cases: car accidents, pedestrian accidents, and accidents involving cyclists or motorcyclists. According to figures from the UK Government for 2022/23, there were 133,443 injuries resulting from road collisions. Of this number, 1,633 were fatal injuries.
Accidents in public places – another common type of accident are those that happen in public spaces. While there are no statistics showing the exact number of public liability claims made, they’re one of the most common cases we received enquiries for. They include falls in shops, trips on pavements and the likes of allergic reactions in restaurants.
If you’ve suffered an injury that you feel falls into one of these three categories above, a compensation claim could be a justifiable course of action.
Accident At Work Claims
If you’ve suffered an injury in an accident at work, you may feel worried and uncertain about the future.
Many of our clients experience concerns that they cannot claim against their employer or that they’re not entitled to compensation.
However, if you believe that your employer was to blame for the accident, then you may have a good chance. In order to achieve a successful outcome, it’s vital to have evidence that proves your employer breached the duty of care that they owed you. You must also show that the accident at least contributed to your injuries.
We can guide you through the entire process and will do all we can to ensure you get the compensation and justice you deserve. To get free advice on your case, please call us on the number above.
To learn more about accident at work claims, please click here.
Road Traffic Accident Claims
Road traffic accidents can lead to some of the most serious injuries. They also affect a wide number of people, from drivers and cyclists to pedestrians and motorcyclists.
We all owe each other a duty to keep each other safe from avoidable harm when using the road. However, that can be breached and accidents happen as a result.
The worst thing is that many of these accidents could have been avoided if people followed the correct rules and regulations.
If you’ve been injured in a road traffic accident and believe someone else was to blame, get in touch with us. We offer a free case check and can advise you on your legal options. We can also help with arranging for a replacement vehicle.
To learn more about road traffic accident compensation claims, please head here.
Public Liability Claims
Public liability claims relate to accidents that have happened in a space or area that’s open to the general public. Examples of such settings include supermarkets, shopping centres, public parks and gyms.
If you’ve suffered an injury in a public space and believe it was the fault of the organisation or individual in control of that area, you could make a claim.
Common accidents in these spaces include slips, trips and falls on spilled liquid in shops and supermarkets, allergic reactions in restaurants, cafes or takeaways, and broken bones caused by faulty or defective pavement.
If you’d like to check if you can make a public liability claim, get in touch with us today.
You can also head here to read our dedicated guide on public liability claims.
Serious And Catastrophic Injury Claims
In some cases, accidents can lead to serious and catastrophic injuries. This is a category of life-changing injury and includes the likes of brain damage, limb amputations, crippling post-traumatic stress disorder, and spinal damage.
In these types of cases, it’s more important than ever to get quality legal representation. This will help ensure that you get compensated in full for both your injuries and their long-term financial impact.
For example, you may be unable to return to work, meaning you miss out on salary and pensions. We can help you claim all of this back. We can also help you get private medical treatment so you don’t have to wait on the NHS.
To learn more about how we can help you with a serious injury claim, please get in touch, or to learn more, please head here.
Medical Negligence Claims
In some cases, when we receive medical treatment it doesn’t always go as expected. Mistakes can be made, and if you suffer harm as a result, you could make a medical negligence claim.
It’s possible to seek compensation for a wide range of cases, from the misdiagnosis of an injury or illness to prescription errors, surgical errors, negligent advice, birth injuries and more.
If you believe that the standard of care you received fell below what’s generally expected, get in touch with us for free advice.
You can also learn more about medical negligence claims here.
What Is No Win No Fee And Does It Apply To My Case?
No Win No Fee means what it suggests—that if you don’t succeed in your case, you don’t pay any fees.
You also don’t pay any fees upfront or while your case progresses.
The only time you pay a fee is if your case is successful, and the amount you pay amounts to a small percentage of your compensation award.
To learn more about No Win No Fee and how our solicitors can help you on this basis, please head here to read our dedicated guide.
Can I Make A Claim On Behalf Of My Child?
Yes, it’s possible to make a claim on behalf of your child. You would need to be appointed as their litigation friend, a legal title which grants you the authority to make decisions on their behalf. If you’d like to make an accident claim on behalf of your child, please contact us today.
How Is Compensation Calculated?
Compensation in accident claims is generally divided into two heads of claim: general damages and special damages.
General damages look after your physical injuries and psychological suffering, as well as the negative impact they’ve had on your life. The more serious these problems, the greater the compensation payout.
Special damages look after the financial cost of the injury. If you had to take time off work, for example, you can claim lost money back under this head of loss. You can also claim back money for the likes of medication, medical treatment, and adaptations to your home in cases of serious injury.
If you’d like us to provide a compensation calculation for you, get in touch with us today!
Who Pays My Compensation In An Accident Claim?
If you’ve suffered an injury in an accident, a natural question that arises if you decide to make a claim is who will pay compensation. The answer depends on who the claim is made against.
For instance, if you have an accident at work, your claim would be lodged against your employer, but compensation would be paid out by their employer’s liability insurer.
If the accident claim involved a road traffic collision, the claim would be made against the insurer of the responsible driver. Compensation will be paid out by the insurer.
For accidents in public places, compensation is paid by the insurer of the business who was responsible for the area where you suffered an injury.
In medical negligence cases, the NHS and private medical bodies are all covered by insurance. Therefore, if you make a claim for the likes of a stroke misdiagnosis, then your compensation award would be paid by the insurer.
How Long Do Accident Claims Take?
It’s natural to wonder how long your accident claim will take. Generally, simple cases can be resolved within 12 months. More complex cases can take longer. It can be a difficult question to answer and it is often tied to two factors.
The first factor is whether or not your injuries have completely healed. For instance, if you have broken your leg, it may take some time for it to heal. In order to ensure you get fully compensated, it’s very important that you allow your injury to heal before settling in case there are any complications.
The second factor is the complexity of the case. If the defendant accepts they were responsible, the case could be resolved very quickly. If they dispute the facts or deny they were at fault, it could take longer to resolve.
How Much Do Lawyers Charge For Accident Claims?
Lawyers often charge a standard fee when it comes to accident claims. If you sign a No Win No Fee agreement, the amount charged is capped by law at 25%. You do not pay any upfront or ongoing fees, and if the claim doesn’t succeed, you don’t pay your solicitor a fee. Only if the case is successful will you be charged, and the fee is taken from the compensation you receive.
If you decide not to sign a No Win No Fee agreement, you may have to pay your lawyer by the hour, which could be quite costly.
How Much Do You Get For Accident Claims?
How much you could get in compensation for accident claims will depend on a variety of factors specific to your case, such as:
- The severity of your injuries
- Your recovery period
- The impact on your quality of life
- The addition of any financial losses
How Long After An Accident Do You Need To Claim?
After an accident has occurred, you will typically have 3 years after the incident date to start your claim. This is per the Limitation Act 1980.
There are two exceptions to the 1980 Act, such as:
- If the claimant is a child, they will have 3 years to claim from the date of their 18th birthday.
- If the claimant lacks sufficient mental capacity, they can only start a claim themselves if they make a full recovery. If this is the case, they will have 3 years to claim from this date.
Learn More About How Accident Claims Can Help You
Here’s a short video explaining our service and how we can help you claim compensation for an accident.
