Accident Claims Advice

An accident claim is a legal process through which an individual seeks compensation for injuries or damages sustained in an accident. This compensation is intended to cover various losses and assist in the recovery process with the purpose being to restore the injured party, as much as possible, to the position they were in before the accident, and may cover medical costs, lost earnings, and other related expenses.

Not every accident will lead to a viable claim. Therefore, the eligibility to file an accident claim in the UK generally hinges on several criteria, such as:

• the nature of the incident (was negligence the cause?);
• the severity of the injury sustained;
• the time elapsed since the accident.

Typically, there is a 3-year time limit within which an accident claim must be made. Please refer to our FAQ on time limits two questions down.

The accident claims process involves several key steps. Initially, it’s important to gather all necessary documentation and evidence related to the accident and injuries. This may include taking photos of the accident scene and any injuries, as well as collecting contact information from witnesses. It’s also important to seek medical attention, ensuring all injuries are professionally assessed and treated, with medical records kept as evidence.

Following this initial step, the next step is to contact a personal injury solicitor for a free consultation. If you contact us via phone, email or our live chat you can discuss the details of the accident with a claims advisor who’ll advise you on the viability of the claim. If the claim is deemed viable, and your claim is taken on, a solicitor on our team will then proceed to prepare and file the claim, which typically involves negotiating with the party at fault or their insurance company. This stage aims to reach a settlement that adequately compensates you for your pain and suffering plus damages incurred, such as medical expenses, lost income, and any other related costs.

In cases where negotiations are unsuccessful, the solicitor may recommend taking the case to court. A court decision will then determine the outcome of the accident claim.

The standard time limit in the UK for filing a personal injury claim is generally three years from the date of the accident or the date when you first became aware of the injury, which is known as the ‘date of knowledge‘. This time limit applies to most personal injury claims, including workplace accidents, slips, trips, and falls, and road traffic accidents.However, some exceptions can apply to this rule:

• Children. If the person who suffered the injury was under 18 at the time of the accident, the three-year period does not start until their 18th birthday, giving them until their 21st birthday to make a claim.
• Mental capacity. If the injured person lacks the mental capacity to make a claim, there may be no time limit until the capacity is regained.
• Industrial diseases. For industrial diseases or conditions that develop over time (like asbestos-related diseases), the three-year time limit typically starts from the date of diagnosis or the date you first realised your condition was linked to your employment.
• Criminal injuries. If you’re making a claim for a criminal injury through the Criminal Injuries Compensation Authority (CICA), the time limit is generally two years from the date of the incident.

It’s important to note that the process must be started within the three-year period, and generally the sooner the better. Getting legal advice as soon as possible helps to make sure that your rights are protected and that you meet all necessary timeframes for your specific situation.

When pursuing an accident claim, the strength of your case will largely depend on the evidence you can provide. This evidence serves to substantiate your claim, demonstrating both the occurrence of the accident and the extent of your injuries and any financial losses. Here are some common types of evidence used in accident claims:

• Photographic and video evidence. Photos or videos taken at the scene of the accident can strengthen a claim enormously. They can capture the immediate aftermath, including damage to vehicles, property, and visible personal injuries. This type of evidence is hard to dispute and can provide a clear depiction of the accident’s cause and impact.
• Medical records and reports. These are perhaps the most vital pieces of evidence when calculating compensation for general damages. Medical records detail the extent of your injuries, the treatment you received, and any future medical needs. They establish a direct link between the accident and your injuries, which is essential for your accident claim.
• Witness statements. Statements from people who witnessed the accident can provide an independent account of what happened. These testimonies can support your version of events and can be especially valuable if the cause is disputed.
• Police reports. If the police attended the scene of the accident, their report could be a key piece of evidence. It often includes the officer’s observations, statements from those involved and witnesses, and sometimes conclusions about who was at fault.
• Accident reconstruction reports. In complex cases, experts may recreate the accident using available evidence. These reports can be persuasive, particularly in situations where the cause or the dynamics of the accident are in dispute.
• Financial evidence. Receipts, invoices, and records of expenses related to the accident are important when calculating special damages. These can include medical expenses, costs for repair or replacement of property, and evidence of lost wages if you had to take time off work.
• Expert testimonies. Depending on the nature of your claim, testimonies from medical experts, occupational therapists, or other professionals can be beneficial. They can provide insights into the long-term impact of your injuries and any future implications.
• Personal diary or journal. Keeping a daily log of your recovery process, pain levels, and how the injury affects your daily life can be compelling. It provides a personal perspective on the impact of the accident on your quality of life.

Collecting and presenting strong evidence is fundamental to the success of an accident claim. It’s important to gather as much relevant evidence as possible and to do so promptly after the accident to ensure its accuracy and reliability.

The amount of compensation awarded for an accident claim is influenced by various factors, including the severity of the injury/injuries, the financial losses incurred, and potential ongoing care costs. These can essentially be broken down into two primary categories of damages: general damages and special damages. These damages collectively aim to compensate the injured party for their losses and suffering due to the accident.

General Damages

General damages compensate for non-monetary losses, primarily focusing on the pain, suffering, and loss of amenity (quality of life) the claimant has endured due to their injuries.

Typical factors included in general damages are:

• Pain and suffering. This covers the physical pain and discomfort caused by the injuries. It takes into account the severity and duration of pain, along with any long-term discomfort.
• Mental and emotional distress. Accidents often cause psychological trauma, such as anxiety from a car accident, depression, and post-traumatic stress disorder (PTSD). Compensation for these conditions is included under general damages.
• Loss of amenity. This refers to the loss of enjoyment in life due to the injuries. If you’re unable to partake in hobbies, social activities, or other pleasures of life you previously enjoyed, you may receive compensation for this loss of amenity.

Calculating these is more subjective and can vary significantly from case to case.

Special Damages

Special damages compensate for measurable financial losses incurred as a result of the accident.

Typical factors included in special damages are:

• Medical expenses. This includes all costs associated with medical treatment for the injury – from initial emergency care to ongoing therapies and future medical expenses if long-term treatment or rehabilitation is needed.
• Lost earnings. If you’ve missed work due to your injuries, you can claim for lost wages. This also extends to future loss of earnings if your ability to work is impacted long-term.
• Property damage. If personal property was damaged or destroyed in the accident, such as your vehicle in a car accident, the costs of repair or replacement may be included.
• Additional costs. Any other out-of-pocket expenses related to the accident such as travel expenses to medical appointments, costs for home modifications due to disabilities, and hiring help for household duties are examples of claimable expenses.

Considerations When Calculating Compensation

• Severity and duration of injuries. Generally, more severe and long-lasting injuries result in higher compensation.
• Impact on future earnings. If your injuries negatively affect your future earning capacity, this can significantly increase compensation.
• Age and occupation. Younger claimants with severe injuries might receive higher compensation due to the longer impact on their life and earnings.
• Documenting everything. Keeping thorough documentation of all injuries, treatments, and expenses is important for accurately calculating compensation.

It’s important to note that each accident claim is unique, and, therefore, compensation calculations are tailored to the specific circumstances of each case. Legal advice from an experienced personal injury solicitor is, in our opinion, often essential in accurately assessing and pursuing an accident compensation claim.

The length of time it takes for an accident claim to be settled can differ enormously depending on a variety of factors. While some claims can be settled relatively quickly, others can take many months or even years to settle.

The following are some common factors that can influence the duration of an accident claim:

• The complexity of the claim. If the claim involves multiple parties or if the injuries sustained by the claimant are severe, it can take longer to gather all of the necessary evidence and reach a fair settlement.
• The seriousness of the injuries. Cases that involve serious injuries such as brain damage or limb amputations can take longer to settle as the claimant might require ongoing surgeries, treatments and lengthy rehabilitation before the full extent of their injuries can be accurately determined.
• Whether all parties cooperate. An accident claim could be settled more quickly if all parties involved cooperate and reach a settlement early on. If there is little cooperation and one or both parties are not willing to budge, the process may drag on.
• Court proceedings. Although in our experience most accident claims won’t end up in court, if the court’s schedule is particularly busy then the proceedings can get delayed.

In general, a straightforward accident claim could be settled within a few months, while more complex claims generally take longer. However, it’s important to note that every accident claim is unique, and the duration of the process will depend on the specific circumstances of the case.

Whether you need an accident claims solicitor to make a compensation claim can depend on the circumstances of the case. For straightforward, minor claims, you might manage without legal representation. However, even in such cases, dealing with the process without a solicitor can still be challenging, especially when it comes to understanding your rights, the potential value of your claim, adhering to time limits and ensuring any evidence strongly supports your case.

Making an accident claim with the help of an experienced solicitor on our team can significantly improve the chances of a successful outcome. They can guide you through each step, handle negotiations on your behalf, and work to achieve the best possible result for your situation.

No Win No Fee means you don’t have to pay your accident claims solicitor’s fees upfront. If a solicitor on our team takes your accident claim on and it isn’t won, you won’t pay anything for their services. If it is won, a percentage of your compensation will be deducted as a fee, usually up to 25%. This setup essentially makes legal representation accessible to everybody, regardless of their financial situation. It also means your solicitor is highly motivated to win since they only get paid if you do.

Importantly, before signing any legally binding contract, make sure you fully understand all the terms of the agreement, including any potential costs you might face if you win, like insurance premiums or other expenses. Our solicitors will be happy to explain anything you’d like to know about No Win No Fee agreements.