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A Brief Guide to an Accident Claim
29/07/10
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Using an accident claim solicitor to complete the process of making a claim is vital because the law covering this area can be complex. Despite the complexities, the victim of the accident has the right to be aware of the accident claim process and whether or not they have the right to make a claim, even if their understanding is only basic.
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. Compensation is therefore a possibility for the accident victims for their personal injury and loss. The civil courts cover this type of claim, known also as personal injury.
Most solicitors work on a no win no fee basis. Only cases with a decent chance of success are therefore taken on. There are various factors which affect chance of success and right to make an accident claim.
The first factor is the timescale. 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. Doctor’s notes made at the time of injury will play a pivotal role in the case. 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. 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. For the best chance of success, witnesses should make a statement quickly, whilst the events are fresh in their mind. However, the victim should never consult the witnesses themselves. It is okay for them to collect the names and addresses of any witness though.
Finally, other evidence aside from the statements made by witnesses will play an important role. 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.
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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