Suffered an injury that wasn’t your fault? Let Abbleys Solicitors guide you through personal injury claims.
Some of the most trying times of our lives come as a result of others’ failures. And the frustration, suffering in the knowledge that someone else is to blame, makes it all the more galling as we try to recover and get our lives back on track.
The question is when you’ve sustained injuries through no fault of your own, what’s your next step? What should you do about redressing the balance? How do you determine whether you have a case to make a compensation claim? Navigating the intricacies of personal injury claims – and trying to work out if you have a valid case – can be a difficult task but we make it as easy as possible for our clients.
Generally, personal injury claims will need to satisfy a number of criteria to succeed.
The first thing to look at is liability. Did your accident occur because a third party had a duty of care to you? And did their failure in that duty result in the injury you’ve suffered?
A wide range of accidents, which could occur virtually anywhere, could qualify for making a claim. These can include all manner of incidents on the roads, workplace accidents or trips, slips, tumbles and falls in public spaces (or places with public access). If, for instance, your employer had provided you with unsafe equipment or had you work in a hazardous working environment – and one or both of these contributed to your injury – you have the right to pursue them for reparations.
Of course, you don’t have to sustain an injury while you’re out and about to be eligible to claim. Your injuries could have occurred at your home, due to your landlord’s negligence, or perhaps by a contractor carrying out work at the property. Incidentally, you may feel that inadequate medical are is the root cause of your injury or illness. In which case, a medical negligence claim will need to be pursued.
Going back to your personal injury, you will need proof that the accident was the direct or indirect fault of another person or organisation. Realistically, it’s highly unlikely that in the immediate aftermath of a serious accident – or, at least, an accident with serious ramifications for you – you’ll be fixated on gathering evidence, such as photographs or the scene or taking contact details for any witnesses.
However, you will need to back up your claim with something to show what happened and why, as well as who was responsible. You will also require evidence of the effect your injuries have had on you, your life and, if applicable, how it affected your family. Any payment made to you by the defendant should take into account how severe your injuries are, and how long you would reasonably be expected to take to make a full recovery.
Your compensation claim (or that of your family members or dependants if you are in a position to claim on their behalf) will look to recover damages, split into two categories – general damages and special damages.
The general damages element focuses on the effects of your injury, the amount of pain and suffering you have had to endure and the length of time it takes to recover (if at all). General damages will also relate to the limits and restrictions that the injury has placed on your quality of life. For example, have you had to give up activities you’d previously enjoyed – such as your hobbies and sports, travelling or just carrying out routine daily tasks – due to a loss in mobility?
Claiming special damages is the part of your claim that deals with the financial losses you’ve sustained. These include loss of earnings if you’re unable to work, which is likely to be the biggest blow to your finances. Other special damages include travel expenses, medical bills, travel and any after-care costs, and the cost of any special equipment you need as a result of your injury.
By now, you may be wondering what kind of compensation payment you may be entitled to. However, with the range of possible circumstances, the scope of injuries and their severity being so wide it would be wrong of us to provide even the roughest of estimates here. You may have come across online ‘compensation calculators’ if you’ve been doing some research but compensation awards, should a personal injury case go to court, can vary wildly depending on the circumstances of the claim.
We’re also shying away from giving timelines for a personal injury claim to be completed. This will vary from case to case and elements such as the complexity of the accident or its circumstances, the time it takes to gather all the evidence, the defendant’s response and more will all impact the length of your claim.
But what Abbleys Solicitors can guarantee is that we will act in your best interests at all times. The process of claiming compensation from those liable can be complicated, but we will make it as trouble-free for our clients as possible.
If you believe you have a claim, our team are here to help you. You can contact us by calling 0161 200 9964 or via email at admin@abbleys.co.uk if you wish to find out more, or if you want to get started right away, click the button below.
