Car Accident Compensation Claims
If you have been involved in a car accident and sustained personal injuries, whether they are minor or more severe injuries, you should contact your solicitor right away and discuss the possibility of pursing a compensation claim. At Head Injury UK we have specialist knowledge and expertise of working with people who have suffered from brain injuries, however, we are able to deal with all types of compensation claims including those resulting from a car accident.
The procedure for claiming compensation can be a lengthy one. In order to successfully bring a compensation claim you must do so within 3 years from the date of the accident. For example if the car accident occurred on the 1st January 2000 then you would have to bring a claim by 1st January 2003.
If at the time of the car accident you are under 18 years of age then you are able to bring a claim within 3 years of your 18th birthday. There are strict rules about cases which fall outside of the time limits and you should contact a solicitor straight away if the time period has elapsed or is approaching in the near future
Have I got a claim for Compensation?
In order to successfully bring a compensation claim you must be able to show that 4 things occurred:
1) Firstly you must show that the Defendant owed you a DUTY OF CARE. For example, in a car accident if you were both road users you will both owe each other a duty of care. Similarly a duty will occur for example in a doctor and patient relationship.
2) Secondly you must be able to illustrate that the other person (the Defendant) BREACHED their duty to you. To do this the Defendant's actions must fall below a reasonable standard. In a car accident, this would include the Defendant hitting your vehicle when you had right of way or a rear end shunt.
3) Thirdly there must be DAMAGE, this can be by way of personal injuries or other damages such as loss of earnings.
4) Finally this breach of duty must have CAUSED the injury. If the outcome would have been the same regardless of the Defendant's actions then they will not have caused the damage.
All of these elements must be present in order to successfully bring a compensation claim.
Fact Finding -
Fact-finding is the first stage. Your solicitor will need to assess whether you have enough evidence to successfully bring a car accident compensation claim. There are numerous methods which your solicitor will use to obtain all of the relevant information including:
1) Taking and noting down your version of events following the car accident
2) Looking at pictures of the scene of the car accident
3) Looking at pictures of your injuries
4) Contacting and interviewing any witnesses present at the time of the car accident
5) Obtaining a copy of the police accident report
6) Reviewing any CCTV images
7) Sketching a plan of the road lay out
8) Obtaining expert medical evidence
Pursuing A Claim - What is involved?
When your solicitor feels that there is sufficient evidence to bring a compensation claim they will write to the Defendant's setting out your case. This is called the Letter of Claim. The Letter of Claim will set out the facts of the case and why we believe that the Defendant was negligent. The Defendant will then be given some time to investigate your compensation claim. Following which, they must they must decide whether they will accept liability or will defend the case.
Will I have to go to court to get Compensation?
If you would like to discuss a possible claim please contact HeadInjuryUK who are specialist head injury and car accident solicitors. HeadInjuryUK solicitors will be able to offer you further free advice and information on claiming car accident compensation
If the Defendant wants to defend your compensation claim your solicitors will then issue Court proceedings, this formally commences the Court procedure.
During this time your solicitor must continue to gather as much evidence as they can to support your compensation claim. This may include obtaining witness evidence and analysing the evidence given to them by the Defendants.
The District Judge will set out a strict procedural code that your solicitors must comply with. Your solicitor will advise you of the various procedures which must be adhered to in bringing your compensation claim.
Once both parties have complied with the District Judges directions the matter will go to trial. Here the District Judge will consider all of the evidence before deciding who is liable (who is the winner or the loser)
Head Injury UK Specialist Car Accident Compensation Claim Lawyers