How to Claim?
When Should I Claim?
When deciding whether to make a personal injury claim, the general rule in personal injury cases is that Court proceedings have to be started within 3 years of the date of the accident occurring.
You should seek legal advice for your personal injury claim as soon as possible after the accident and your solicitor will advise you exactly how to make a personal injury claim.
There are exceptions to this rule; for example if you are on a ship, plane or balloon when you are injured, court proceedings must be started within 2 years of the accident. If you do not do so, you are likely to be prevented from pursuing compensation.
Also, a claim for criminal injury needs to be started within 2 years of the incident.
There are other exceptions when dealing with, for example: disease claims. In addition accidents happening in foreign jurisdictions will have different rules applied to them. You should seek legal advice in such circumstances.
What Do I Need After The Accident?
Immediately after the accident, whether it was on the road, in a workplace, a public area, a sports ground, or even in the home, you may feel that, apart from shock, you have suffered no injury. However, the effects of an injury may not show themselves for a few hours after the incident (particularly, whiplash type injuries).
Being involved in an accident, and the associated trauma and shock, often means that you are not thinking clearly.
Below is a list of “things to remember”, which will greatly assist your legal advisor to give you accurate legal advice. It will also assist any insurers involved with the claim.
If there are any witnesses to the accident, take their contact details.
Record as much information as you can at the scene of your accident. If you have a mobile phone with a camera, take photographs. If you do not have a camera with you, try to make a sketch plan - noting any particular features of the accident scene which may have contributed to, or been a significant factor in, the accident
If you are involved in a road traffic accident; make a note of the insurance details of the other parties involved in the accident.
If the police attend the scene, make sure you take the attending officer’s details and obtain the incident or reference number.
If you have fallen over a defect in the road/pavement or on land, photograph the defect that caused you to fall. To give an indication of the height/depth of the defect, use a ruler, coin or other everyday object
Were you injured at someone else’s property, for example, offices, shops, hotels? If so you will need to find out if they have an accident book, and, if they do, ask that details of your accident are entered. If you are asked to sign the accident book, only do so if you are satisfied that you agree with what has been written about the accident
Seek medical attention and treatment either at hospital or from your local GP as soon as possible following an accident. Make sure you are properly examined even if you feel alright - remember some injuries do not become apparent for a few hours after the accident
Keep a full record of any expenses you incur as a result of your accident, including receipts
What your Solicitor will want to know
Your solicitor will require the following information when you are making a personal injury claim:
- Full name
- Address
- Date of Birth
- Date and location of Accident (with other information listed above)
- GP name and address
- Hospital name and address
- National Insurance Number
- Employer’s name and address
- Details of any time off work as a result of your injuries - did you get paid in full, company sick pay or statutory sick pay
- Details of any family member (including a spouse) who has taken care of you
- Details of any financial losses such as:
- Damage to personal property (eg. Clothing)
- Travelling expenses (whether by motor car, taxi or public transport)
- Medical or prescription charges
- Paying someone to take care of you and/or to undertake errands for you (whether a friend, family member or other person)
