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A Brief Guide to an Accident Claim
13/03/10
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Because UK accident claim law is relatively complex it is advisable to consult an accident claim solicitor.However, even when the law is complex, the victim deserves to understand at least at a basic level what happens in an accident claim, whether they are entitled to claim and what they should do.
Eleven million accidents annually cause person injury and solicitors estimate that two million of these are caused by someone else. This is why the law allows accident victims to claim monetary compensation for their injury and losses. Known as a personal injury or accident claim, this process is handled by the civil courts.
Most solicitors in this field work on a no win no fee basis.As a result, only cases with a reasonable chance of success will be taken on.There are various factors which affect chance of success and right to make an accident claim.
The first issue is the timing.If the accident happened over three years ago it is very unlikely that the claim will be successful, because the law has a limitation period of three years for this kind of claim. However, if the injured party is a minor, their limitation period will only begin on their eighteenth birthday.
The injuries sustained in the accident and whether they were properly recorded by a doctor at the time will also affect the outcome of the claim. Notes taken by a doctor at the time of the injury will play a role in the claim.This means that victims of accidents should always seek medical attention as soon as they possibly can.
Witnesses of the accident will also obviously play a big role in the claim and its success or failure.The solicitor will communicate with any police or emergency service people who saw or attended to the accident.Civilian witnesses are also important. It is obviously better if witnesses give their version of events relatively soon after the incident before they forget any details. That said, the victim themselves should never collect statements. All the same, it is all right for victims to approach witnesses to collect names and addresses.
Finally, other evidence is important too. Photographs of the scene of the accident from various angles and photos of injuries are helpful.A diary with lots of details should be kept during the recovery period.Victims should also keep all receipts to prove the extra costs they have incurred as a result of their injury.
The UK accident law can be very complicated, but accident victims have the right to know what they are entitled to. Speaking to an accident claim solicitor is still important.
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