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Am I Eligible To Claim Compensation For An Accident?

In some circumstances, you could be eligible to make a personal injury claim for compensation after an accident, and our solicitors can help.

To make a claim under personal injury law, certain criteria must be met. These include proving:

  • A third party owed you a duty of care
  • They breached this duty of care
  • You experienced physical or psychological harm as a result. This is known as negligence.

Negligence must be demonstrated as part of the accident claims process. You can do this by collecting evidence to support your claim, something we talk more about below.

How Long Do I Have To Make An Accident Claim?

Most personal injury claims have a limitation period of 3 years from the date of their accident.  Should you attempt to claim after this period, your claim might be time-barred. The 3 year period is set by the Limitation Act 1980. However, in some cases, there may be exceptions to this. 

For example, if a child is injured, and is eligible to seek accident compensation in the UK, the 3 year limitation period would effectively pause until they turn 18. During the time it is paused, an appropriate adult could make a claim as a litigation friend, on the child’ behalf. If no claim is made before the child turns 18, they could launch their own claim within 3 years of their 18th birthday. 

There are also exceptions for those who don’t have the mental capacity to make their own personal injury claim. In such cases, the limitation period would freeze indefinitely. During this time, a litigation friend could act on the injured party’s behalf to claim compensation for them.

To learn more about claiming for someone else as a litigation friend, or to find out how long you could have to file your own claim, please contact the Accident Claims helpline. Our advisors would be happy to help.

What Types Of Claims Can Our Accident Claims Solicitors Help With

Our personal injury solicitors can help with a range of different cases. In the sections that follow, we explain what they are and how our experienced lawyers can help.

Remember, if you’d like to make a personal injury claim, call us for free on the number at the top of this page.

Road Traffic Accidents

Road traffic accidents happen every day in the UK and are some of the most common types of personal injury claims.

A road traffic accident can involve:

  • Cars
  • Pedestrians
  • Cyclists
  • Motorcyclists

Some of the most common types of road traffic accidents involve cars and other vehicles, like vans, lorries and HGVs.

Road traffic accidents could be caused by the likes of:

  • Speeding
  • Driving while under the influence of alcohol or drugs
  • Carrying out dangerous manoeuvres, like overtaking
  • Driving without due care and attention (like being on your mobile phone)
  • Not leaving enough space between other road users
  • Failing to look when reversing

This list above isn’t exhaustive, so we can still help you with a personal injury compensation claim if you don’t see your circumstances described here.

Cycling Accidents

Under the revised rules of The Highway Code, cyclists and pedestrians now enjoy a greater standing on the road. This means that other road users, namely drivers, have to give way to those on bicycles or crossing the road on foot.

Personal injury claims for cycling accidents can be pursued in cases where other road users have failed to uphold their duty to take care when using the roads. For example:

  • A driver may fail to give enough space when passing a cyclist, knocking them off their bike
  • A car may make a dangerous overtaking manoeuvre, thereby entering the path of an oncoming cyclist
  • Failing to judge the speed of a cyclist
  • Pulling out of a junction in front of an oncoming cyclist
  • Not taking enough care and attention to spot cyclists on the road

If you’ve suffered harm in a road traffic accident and want to make a personal injury claim, call us for free on the number above.

Click Here To Learn More About Cycling Accident Claims

Accidents At Work

Accidents at work can arise in a number of different ways, but usually because of the negligent actions or omissions of our employer.

Under the Health and Safety at Work etc. Act 1974, all employers owe their staff a duty to keep them safe from the risk of harm, so far as it’s possible for them to do so.

The Act sets out a number of steps that they should take to achieve this. They include:

  • Conducting regular risk assessments to identify any workplace hazards
  • Upholding good housekeeping practices, such as clearing walkways of obstructions, clearing up spillages, and fixing any broken lights on stairways or corridors
  • Supply regular and effective training.
  • To provide adequate personal protective equipment (PPE) to those staff who need it
  • Fixing broken or faulty machinery or equipment or removing them from use if they pose a risk to others

Unfortunately, despite laws being in place, workplace accidents still happen and can lead to a person suffering a serious injury.

If you’ve suffered an injury at work and would like to speak with someone about claiming personal injury compensation, contact our compensation claim helpline today.

Click Here To Learn More About Accident At Work Claims

Slips, Trips And Falls

Slips, trips and falls are some of the most common accidents and therefore reasons to make a personal injury claim. They can cause injury at work as well as inflict harm on people in public places.

Here are some examples of how slip, trip and fall accidents may arise:

  • In workplaces, you may slip on spilt oil or another type of liquid. Even if this has been cleaned up, if no warning signage has been erected and you slip, you could still claim
  • The same applies to public places like supermarkets. If you slip over on water or a dropped egg, for example, you could sue for compensation
  • It’s possible to fall on the streets too. This could be caused by faulty manhole covers, raised kerbs, or paving stones, tree roots bulging through pathways or deep potholes in roads or pavements.

These types of accidents can be caused by a failure on the part of the defendant to maintain the spaces under their control.

If you would like to access free advice about a personal injury claim after a slip, trip and fall, get in touch today.

Medical Negligence Claims

Medical negligence arises when healthcare professionals (like nurses, doctors or pharmacists) breach the duty of care they owe to their patients.

Clinical negligence claims can be tricky to prove, though the Accident Claims team are specialist in this field. It involves proving the healthcare professional deviated from generally accepted safe practices upheld by other professionals working in the same field.

There are, of course, different severities of medical negligence and lots of ways it can happen. Let’s take a look at some examples:

  • Never Events – this is the most serious type of medical negligence and involves the likes of extracting the wrong tooth, leaving items in a patient during surgery, or operating on the wrong part of the body
  • Medication Errors – sometimes pharmacists, GPs or hospitals prescribe the wrong medication. Some products like Quinine can cause serious illness.
  • Misdiagnosis Errors – it’s not uncommon for doctors to fail to diagnose a condition or fail to refer their patients on for more rigorous testing with a specialist, particularly to do with cancers. It can also arise because of a failure to properly interpret x-rays, leaving broken and fractured bones to go untreated.
  • Birth Injuries – a lot can go wrong in pregnancy and births. If avoidable harm befalls the child or mother, it could be possible to make a claim

Again, this list isn’t exhaustive. Get in touch with us today to learn more about your right to claim compensation.

Click Here To Learn More About Medical Negligence Claims

How Is Compensation Calculated In Accident Claims?

If you are eligible to make a personal injury claim for an accident that was caused by another party’s negligence, then you’re likely curious about how much compensation you may receive.

Whatever type of accident it is that you claim for, the total amount of compensation that may be offered can vary. It depends on several factors, including what injuries you’ve suffered and how severe they are deemed to be. It also looks at whether you need any ongoing medical treatment and any lasting impact on your mental health. This is why payouts in compensation claims can vary

Some successful personal injury claims may also include a second head of claim called special damages. It is under special damages that our accident claim company could help you recover any financial losses caused by your injuries.

A few examples of the financial losses you might be able to recover as part of your accident compensation claim include:

  • Your loss of earnings for time spent off work to recover from your injuries. Sometimes lost earnings amount to more than the value of the injuries themselves, and this just goes to show the strain someone can experience when they suffer an injury.
  • Home help costs, such as a cleaner or childminder.
  • Medical expenses, including prescriptions, therapy, mobility aids and physiotherapy.
  • Adaptations to your home, such as the installation of a wheelchair ramp.

You should submit proof of these losses, such as receipts, invoices, and payslips.

If you have any questions about what might be included in accident claims, such as how much compensation you could be entitled to, please get in touch.

Understanding No Win No Fee Agreements

Our personal injury lawyers could offer their services under a type of No Win No Fee contract. There are different types of contracts our solicitors could offer, such as a Conditional Fee Agreement (CFA).

Under a CFA, which is the most common type of agreement when pursuing a personal injury case, you would not need to pay a solicitor upfront for their work or throughout the claim’s progression. Furthermore, if your claim was not successful, you would not usually need to pay for their services. This helps to mitigate any financial risk. 

In a successful personal injury claim, you would pay a small fee out of the settlement to cover the legal costs of your personal injury solicitor. This fee is capped under the Conditional Fee Agreements Order 2013

Should you be interested in using a solicitor who works under a No Win No Fee agreement, please don’t hesitate to call our accident helpline. An advisor would be happy to ascertain whether one of our solicitors could assist you under a No Win No Fee contract. 

The Role Of Personal Injury Solicitors In Compensation Claims

You may ask whether you need a personal injury solicitor to help you with your injury claim. You can, of course, represent yourself, but given the complexities and legal jargon used in the process, you may find it easier and less stressful to work with personal injury lawyers.

The role of your solicitor is to investigate your case and present it to the right way to the defendant.

It’s their job to obtain specialist evidence on your behalf, to submit the claim in the correct fashion, and to comply with any relevant deadlines imposed by the legal system.

It’s also part of the role of personal injury solicitors to value your case with accuracy. They do so by obtaining medical evidence from an independent expert who will then provide their opinion as to the cause of the injury and the impact it will have, or has had, on your life.

Specialist personal injury lawyers such as ourselves will also look to get you extra support in the form of surgery, therapy and rehabilitation if needed. Procedures can be arranged privately, meaning you don’t have to stick with standard NHS waiting times.

Once they know exactly what you need to recover, your personal injury solicitor will then look to settle the case, but only with your consent.

How Does The Accident Claims Process Work?

The process of making a claim for an injury can be broken down into these stages:

  • Initiating the claim – this involves speaking with specialist personal injury lawyers to review your case and to supply them with the evidence you have.
  • Investigations – your solicitor will set about obtaining other pieces of evidence to support your case.
  • Submitting the claim – at this stage, the defendant will be notified of the claim and will have a period of time to investigate
  • Negotiations – the defendant may dispute liability or request more information. They could also agree to settle the claim. It’s in everyone’s interest to avoid court proceedings and resolve the case, and this will be the aim of these negotiations.

Who Pays My Compensation In A Personal Injury Claim?

Some people worry about making a compensation claim for fear of the financial consequences on the other person or company.

However, in the vast majority of cases, an insurance company is the one who pays compensation.

For example, all employers must, by law, carry employers’ liability insurance.

Supermarkets, shops and public spaces should also be covered by public liability insurance (though this isn’t compulsory).

And of course, all drivers should have insurance, but if they don’t, the Motor Insurers’ Bureau (MIB) can cover payouts.

The NHS also is protected by insurance and this is who pays in medical negligence claims.

Get Free Legal Advice From Accident Claims UK

We’re a personal injury law firm that puts our clients at the heart of everything we do.

We want our clients to feel fully informed before they decide to make the likes of a personal injury claim. We’ll advise you of your options and explain how we could help. We could even offer to provide you with a No Win No Fee personal injury solicitor to help you with your claim if this is appropriate.

If you’re interested in learning more about personal injury compensation claims, medical negligence, data breach or any other type of case, you can contact us at any time. Our contact details are:

  • Call us on 0800 073 8801
  • Use the live chat box on this page
  • Contact us via this form, and we’ll call you back

We look forward to helping you in any way that we can.

If you have any questions about working with Accident Claims, please get in touch.

Here’s a short video explaining our service and how we can help you claim compensation for an accident.