Making An Accident Claim
If you have been involved in an accident and have been injured, you may be wondering whether you can make a claim or not and what might be involved in the process and of course what compensation you might get.
The first thing to realise is that not all accidents are capable of forming the basis of a claim. Some accidents can not be blamed on anyone.
But what if you think someone else is to blame? Is that all there is to it?
What do you have to show in order to make a claim?
In order to be able to make a claim, you have to be able to identify the offending party and show that they owed you what is called a duty of care. We all have responsibilities to look after visitors to our property for example, and if someone is injured whilst visiting your house, you may face a claim, so, on the same basis, if you visit a house or a public building and receive injuries whilst there then you may be able to make a claim. If you fall over on a pavement, you may be able to make a claim against the local council. If you are injured in a car accident you may seek compensation against the other motorist involved. These are all examples of how accidents may arise that could lead to a potential claim, but the ability to be able to claim doesn’t stop there.
Are there any other matters to consider before progressing with a claim?
In order to proceed further with your claim, you have to show that, not only did someone owe you a duty to take care, and also that they have breached that duty in some way. By way of example, if you fall over on a footpath, you may have the potential to claim, but you also have to show that the accident was as the result of the local council failing in their duty of care to you. If you fall over on what appears to be a reasonable surface (or worse over your own feet) you will not be able to show that there has been a breach of the duty of care. On the other hand, if the pavement is full of potholes and you have fallen as a result of that then you may have the makings of a potential claim for compensation.
If you are involved in a road traffic accident, you have to be able to show that the other motorist has caused the accident, perhaps by coming out of a minor road into your path for example.
In other words you have to be able to show that the other party, be it the local council, another road user or your employer has been negligent.
If you are able to show that there might be negligence, then you also have to show that your injuries arose as a result of that negligence.
Compensation for injuries
Can range from hundreds of pounds for simple cuts, bruises and sprains to many thousands for fractures, back and head injuries. Claims can also be made for loss of earnings, medical and other expenses.
In order to make a claim for an accident, you need to have the details of the other party who you think may be responsible and you would be well advised to seek legal advice at the outset. AccidentClaims.net retain a panel of expert lawyers who can advise you whether you have a potential claim or not, will advise you whether further information is required and how to get it and if you have the potential to pursue a claim, will be able to progress the claim for compensation on your behalf.
