Do you know if you are entitled to make a No Win No Fee accident compensation claim?

You have been injured, it was not your fault. But can you claim compensation?

With so many armchair Solicitors and many well meaning, but misinformed people ready to tell everyone what they think they know about making a claim, we find that often the injured party either does not know that they could make a successful claim, or has been informed that they could and should, when they cant! So, to help potential claimants decide if the cause of their injuries will enable you to lodge a claim for Accident Compensation, basic accident claim criteria information is needed (see below).

Remember, there are always exceptions to rules and each accident claim needs to be assessed on its own merits. We advise all persons injured in non fault accidents considering a claim to call us and discuss their accident claim circumstance with our experts. You may think you dont have a claim when you do.

Basic Criteria

Limitation: This is the time frame in which a claimant HAS to register a claim in the courts. An adult (over 21yrs) has 3 years from the date of an accident to ensure a claim is registered. Therefore, if accident injuries were caused 3 or more years ago, the claim is out of limitation and any rights to make a claim become statute barred.

Remember, an Accident Claim Solicitor or Claims Management Company usually require AT LEAST 6 months of a 3 year period remaining so that they can prepare a claim properly (although there are exceptions to this).

Exceptions

Adults have 3 years; children have until their 21^st birthday (or 3 years). CICA claimants (Criminal Injuries) have 2 years (although older claims can be considered) as do MIB claimants (victims of uninsured and untraced drivers).

Liability: For an individual to successfully pursue a No Win No Fee accident compensation claim there needs to be a liable 3^rd party to pursue for the compensation. If the accident was your fault, you have no claim. However, if your injuries arise from an accident at work, a road traffic accident or a slip/fall in a public place, you may be able to claim compensation. It boils down to a duty of care at the feet of the persons, authority or employer who owns or operates the location where you were injured.

Like who?

For example, Council Highways Departments have to monitor, inspect and repair footpaths and roads within a reasonable time frame and ensure that defects of a certain size and of a certain age are removed. If they dont, person injured on a hazardous pathway could make an accident compensation claim. Employers have to provide Health & Safety training and equipment and follow strict laws governing employees safety at work. Failure to do so could result in a serious injury and leave them open to a claim for work accident compensation. Drivers of cars, motorcycles and pushbikes have a responsibility to drive safely and pay attention to road conditions and traffic. If they fail to do so and cause a Road Traffic Accident, an injured person could easily pursue a whiplash claim or similar for their injuries and losses.

Proof: Individuals MUST prove that they were injured and that it was someone else's fault. If they fail to do so, their accident compensation claim will fail. Persons wishing to pursue compensation claims MUST have sought medical treatment either at a Hospital or GP and it MUST be noted on the medical records. Also, the injuries have to be of a certain severity.

How?

As well notes on medical records, injured parties MUST always ensure that accidents at work are recorded in employers official accident books. Injured parties MUST report this themselves, ensuring the record is an accurate report of what happened. A person injured in any public establishment, such as a Hotel, Shop or Restaurant, again must ensure a record is entered in an accident book. Road Traffic accident victims should ensure that their insurers have been informed and if necessary, also inform the Police. Whilst Police cannot always attend an accident, they will make a log of any report and issue an incident reference number.

Now I know. Or do I?!

As stated earlier, each case has to be looked at individually, but the above gives some pointers as to if you could make a claim. Our advice remains the same, contact us for an honest opinion. It is free and you may well be entitled to compensation. We know Accident Compensation wont make the pain go away, but it does help you to get back to where you should have been if you were not injured in the first place. Direct 2 Solicitors Ltd, will know if your claim is worthy of consideration by an expert Personal Injury Solicitor, so to let us discuss your accident and we can then decide if it is in your interests to make a claim for Accident Compensation.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box on this page.