Remember, simply being injured in an accident does not automatically entitle you to personal injury compensation, even if you think you may pursue a claim. To succeed in a personal injury claim for compensation, you must be able to prove your claim for injury compensation has merit.

Personal injury compensation claims can arise following accidents at work, a road traffic accident, or medical negligence to name but 3 different types. To succeed in a civil claim for personal injury compensation in England and Wales you must prove your claim on what is called legally, the balance of probabilities. You may be pleased to know that this level of proof is a lower level of proof than is necessary to prove guilt in a criminal case.

Effectively, it means that it is more likely than not that it was the accident that was the cause of your personal injury, and also that your accident was not your fault but arose as a result of the negligence of another.

Here is a simple guide to assist you in deciding whether you have a valid personal injury compensation claim to pursue.

Was The Accident And Personal Injury Solely Your Fault?

It sounds obvious, but if you are seeking the help of an injury solicitor with respect to a personal injury claim, no matter how good your injury lawyer, you will not be eligible to claim injury compensation in England and Wales if the accident arose as a result of your own full responsibility.

You can however pursue a personal injury claim for compensation and they found to be partially responsible, and in that case you only lose the percentage that you are deemed by the Court to be responsible for your own accident and therefore your own personal injuries.

It is obvious however if the accident was 100% your own responsibility.

Do You Have Proof Of Your Personal Injury?

Being able to prove the extent of your personal injuries suffered in the accident that was not your fault is crucial to you securing a decent level of injury compensation. Have you seen your General Practitioner, or have you been to A&E?

If the injury arose as a result of an accident at work, did you complete the accident book entry?

For the purposes of your claim for personal injury compensation, you will need to be examined by a medical expert who will assess you physically and possibly psychologically if the case depends upon it, and they will provide a report for the benefit of the Court from which your claim for personal injury compensation is based.

How Long Ago Was Your Accident?

The Limitation Act introduced the now generally known law that you have a period of 3 years only from the date of your accident in which to pursue your personal injury compensation claim if you wish to do so.

If your accident and therefore personal injury was suffered more than 3 years ago you will no longer be able to claim personal injury compensation as a general rule.

There are however exceptions, because some personal injury claim types have a limitation period of only 2 years, for example an accident occurring on an aeroplane. Further, in medical negligence type cases the Limitation period of 3 years can run from a later date than the actual negligent act of your surgeon for example, because the date runs from the date at which you knew or ought reasonably to have known that your injuries arose as a result of another person’s negligence, and that you are entitled to pursue a claim for personal injury compensation.

This area of personal injury compensation law is very technical and you must therefore seek urgent and immediate advice from a qualified injury solicitor as quickly as possible.

Are You Looking To Make A Claim On Behalf Of A Child?

The Limitation Act also states that if a child suffers an accident that was not their fault and suffers personal injuries and they pursue a claim for personal injury compensation arising out of an accident, they have the ability to claim their personal injury compensation right up until the day that they turn 21 years old. That is to say, they are afforded a full three-year period from the date that they legally become an adult and can pursue a claim in their own name.

If you have considered these questions and believe that you have a valid personal injury compensation claim to pursue, you need to instruct a fully qualified and experienced personal injury solicitor to represent you. Now, more than ever it is essential that you instruct the right injury lawyer for you.

Make A Free Claim Enquiry To A Specialist Solicitor Now

Richardsons & Co Solicitors are the perfect choice for you to pursue your personal injury compensation claim in total confidence. To make an enquiry simply complete The Free Online Claim Enquiry Now or call 01270 747154 for a FREE, Honest, No Obligation Assessment Of Your Personal Injury Claim For Compensation.

Richardsons & Co Solicitors are THE Personal Injury Solicitors that you can Trust.

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