Everything You Need To Know About Making A Claim

Have you been injured in an accident that wasn’t your fault? If so, then you could be due compensation for your injuries, as well as your financial hardships. If you are considering making a claim for personal injury compensation, there are six things to keep in mind:

You have three years to make a claim

For the vast majority of personal injury claims, you have three years from your date of limitation (the date your injury became clear) to make a claim. This limitation period does not apply however to industrial diseases, such as asbestos-related diseases.

You can make a claim for a minor

If your child has been injured in an accident, then you can make a claim for compensation on their behalf, or they can make a claim up to three years after the date of their 18th birthday according to If making a claim for a minor, you will be acting as a ‘litigation’ friend. However, to make a claim for a minor, you must be the child’s parent or legal guardian, and not to blame for the accident.

No win, no fee agreements may incur costs

No win, no fee agreements, or conditional fee agreements, stipulate that you won’t have to pay any of your lawyer’s fees if your claim loses. However, you may incur costs and be billed by the other side for their legal fees. As a result, a claim insurance policy is essential.

Compensation is made up of two parts

Compensation is made up of ‘general damages’ which is the lump sum payable to compensate the claimant for their injury, pain and suffering, and ‘special damages’ which is a lump sum payable to compensate the claimant for financial losses due to the accident – your total pay-out will made up of both types of compensation.

All pay outs are estimated

Your lawyer or legal advisor can only give you an estimated payout for your accident, because there are many factors that can influence the sum. These include an allegation of contributory negligence, expert evidence and an early offer to settle plus much more.

You will have to attend a medical examination

As part of the claims process, you will have to attend a medical examination set up by your lawyer or solicitor. The medical examiner will attempt to ascertain the true extent of your injuries, and a report will be created. This will be presented to the other party, and your compensation amount will be greatly influenced by this. Your pay-out will be influenced by the extent of your injuries, your recovery period and your prognosis for the future.

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