Tuesday 12 May 2015

Accident Claims: How Can I Make a Personal Injury Claim?


A personal injury can be classed as anything that causes harm to a person, including physical injury, psychological injury, disease or illness. There are many accidents that can result in personal injury e.g. traffic accidents, a slip, trip or fall, or accidents at work. When an accident has occurred that has resulted in personal injury to an individual it may possible to make a compensation claim, as long as there is clear evidence of the fault lying with another person or organisation.

After The Accident: What Should I Do?

If you have been involved in an accident that has resulted in personal injury and believe that it wasn't your fault then you may wish to file a complaint or make a compensation claim. There are certain actions that you should take in the aftermath of the accident to ensure that any evidence you may need can be provided promptly.
·         In some cases such as a road traffic accident it may be necessary to inform the police, they will conduct their own investigation and compile their own report as to the cause and consequences of the accident.
·         Even if your injury seems minor, you should always see your doctor as soon as possible. This is for two reasons, the first is that your injury may be more severe than you realise and if untreated could result in you suffering more than necessary and secondly, if you do decide to go to court to get compensation for your injury your doctor will be asked to provide a medical report.
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        Gather evidence about the accident yourself. If possible it can be useful to take pictures of the accident scene, as well as your injury in the immediate aftermath. Write your own account of the accident as soon as possible while it is fresh in your memory, and continue to add any issues arising that are relevant to the accident. You should also make a note of any witnesses and if possible take down their contact details.
·         If your accident happened at work then you need to record all the details in an accident book. If there is not an accident book then independently write your account of the accident and send a copy to your employer.

How To Claim Compensation

There are various ways that it is possible to claim compensation for personal injury. You can go the traditional route of taking legal action in a civil court, it is also possible to use a claims management company or to make a claim to the criminal injuries compensation authority. In some cases it may also be possible that there is a special government compensation scheme that is relevant to your injury. These schemes usually relate to injuries such as asbestos-related diseases or vaccine damage. In all of these cases there are two types of compensation you can claim.
1.       General damages – Covers pain and suffering as well as loss of future earnings.

2.       Special damages – Covers the per-calculated financial loss you have already suffered.