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The law behind making an accident claim in the UK is relatively complicated and that is why an accident claim solicitor is required to go through the process with the victim. All the same, even though the law is complicated, the injured part should be able to understand, if only at a basic level, how an accident claim works and whether they are entitled to claim in the first place.
There are over eleven million accidents every year which lead to personal injury, of these solicitors estimate that over two million are caused by another person.The law therefore allows victims of such accidents to make a claim for money to compensate them for injury and loss caused.This sort of claim, known as a personal injury or accident claim goes through the civil courts.
Most solicitors work on a no win no fee basis. Only cases with a decent chance of success are therefore taken on. Several issues have an effect on whether a claim is successful or not and whether the victim has the right to make the claim.
The first issue is the timing. A limitation period of three years means that if the accident happened over three years ago it is incredibly likely to fail. However, if the injured party is a minor, their limitation period will only begin on their eighteenth birthday.
The victim’s injuries and any doctor’s notes taken at the time will also influence the success of the claim. Notes taken by a doctor at the time of the injury will play a role in the claim. Seeking prompt medical advice is therefore incredibly important.
Accounts of any witnesses will also play a role. Liaising with police and service people who attended the accident will be the responsibility of the solicitor working on the case. Any other witnesses are also helpful. 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. It is okay for them to collect the names and addresses of any witness though.
Lastly, the amount of evidence aside from the witness statements is important. Photographs of the scene of the accident from various angles and photos of injuries are helpful. Keeping a daily diary during the recovery period will be useful too. Any receipts for costs incurred by the injury should also be presented to the solicitor.
Although accident claim law can appear complex, all accident victims should know a little about the claims process and their rights. Speaking to an accident claim solicitor is still important.
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