“Accidents do happen,” they say. That may be true, and they may result to a lot of losses, from income to life. However, they are not created equal. Some of these accidents may actually be personal injuries in which you can be entitled to a claim.
What Accidents Are These?
Generally, all types of accidents can now be covered under personal injury including:
- Road and/or traffic accidents
- Accidents in the workplace
- Gym accidents
- Holiday accidents whether here or abroad
- Medical negligence
Note, however, that before you can bring the matter to court, there are a number of factors that have to be considered:
1. How long has it been?
There is a limitation period for personal injury claims, which means you can’t wait forever before you can file a case. In the UK, it is 3 years from the date of the accident or death. In the latter, the widow or the widower shall be the one who will file a claim on your behalf. If the injury, on the other hand, is a result from any kind of attack, the limitation period is shorter at 2 years.
You may ask, “It seems like a long time.” It actually is, but this is because some consequences of the accident or the injury do not manifest quickly. A perfect example is a neurological disorder that may have been partly caused by a car accident that happened about 2 to 3 years ago. Mesothelioma, a very serious lung cancer caused by asbestos, can take as long as 10 years before you know you have it.
Nevertheless, most personal injury solicitors would advise that you do not wait long before you consult a solicitor about any personal injury claims. A good one can give you sound advice even before you can see the harmful effects of the injury or accident in your life.
2. Do you have the needed documents?
As the one who is filing, the burden of proof rests upon you. It is your responsibility to prove to the court that the injury was caused by the defendants and that you are entitled to indemnities, which are general and special damages. Again, a solicitor can help you identify which documents you need to have, but usually, you should possess a medical certificate, police report, or death certificate.
3. Is you personal injury case winnable?
Solicitors have the duty to help you assert your right to a claim, so you should be able to find one who is willing to take your case. However, you still have to know if the case can be won, partly because your solicitor fees depend on it. Some firms do implement a “no win, no fee” agreement. Simply put, if you do not win the case, then you do not pay for the fees. But this is a privilege and subject to a number of terms and conditions dictated by the firm. On the other hand, if you win, their fees are usually covered by the compensation you get.