Do I have a personal injury claim?
Every day we have people contact us to find out whether or not they have a case for a personal injury claim.
Unfortunately, in some situations we are unable to help and this can be because of a number of factors.
Did your accident happen in the UK?
We regularly receive phone calls from people who have been involved in a road traffic accident on the other side of the border.
Unfortunately, if your accident happened in England, Wales or Northern Ireland we are unable to help. This is due to the difference in jurisdiction, which means that the law is different.
Should you find yourself in this position we can recommend solicitors for you. Alternatively, you can get in touch with the Law Society of England and Wales or the Law Society of Northern Ireland. They will be able to provide the details of a firm who can assist with your claim.
Did the accident happen within the last three years?
In Scotland, you generally have three years to make a personal injury claim if you are injured in an accident and two years if you are seeking compensation for a criminal injury. There can be exceptions to these time limits depending on your age and the circumstances of the accident for example.
Where accidents and injuries happened abroad, time limits can vary between countries so it is important to seek advice as early as possible. If you fail to either settle or raise court action before this time then your claim will be time barred and you lose your right to seek compensation.
These are the limits which are set by the courts. If you are approaching the time barr you will also need to consider if there is enough time to gather the evidence needed, such as expert medical reports and witness statements. These need to be collated before solicitors can take the case to court.
For more information, see our blog about the issues of time.
Was the accident someone else’s fault and can it be proven?
In order to be able to claim compensation for an injury, it must be proved that it was not your fault and someone else was to blame.
Usually in a road traffic accident, this would be through the other party admitting liability or witnesses stating the other party was at fault.
If the other party do not admit fault then you need to ensure there is relevant evidence that proves you are not at fault.
Have you sought medical attention?
If you haven’t sought medical attention then the chances are we will be unable to assist.
Without a medical opinion on your injuries there is no way to prove that you have been injured.
Additionally if you feel that your injuries aren’t severe enough to warrant medical attention then it is very difficult to convince the other party that your injuries justify compensating.
Unsure if you have a personal injury claim?
While these are important factors to consider if you are looking to make a personal injury claim, our advice would always be if you are not sure whether you have a potential injury claim or not, please seek legal advice.
Our First Response Team are legally trained and will be able to assist with any queries you may have. Expert legal advice can be the difference in obtaining the right amount for the injuries you have experienced and on average our clients receive three times the pre-litigation offer (first offer given by the third party).
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