The importance of acting quickly when making a personal injury claim
If you have been injured in an accident that was not your fault, you may be able to make a claim for personal injury compensation against the individual or organisation that was responsible for the injuries caused. You will need to prove they had a legal duty of care towards you and that this duty was breached, resulting in your injuries.
It is also important to know that you generally have three years from the date of the accident to launch a claim, but the sooner you get advice and make your claim, the better. Making a claim is normally easier if you act soon after the incident took place since the accident is fresh in everyones mind and details can be gathered more easily, which should help your chances of making a successful claim. Witnesses, for example, will have a much better recollection of what they saw before time diminishes their memory. If there is a significant lapse of time, witnesses may have moved away and it can prove more difficult to contact them. The chances of inaccuracies occurring with the information you provide to your solicitor, whether by those witnesses or by you, may also increase as time lapses.
The nature and seriousness of your injuries may well dictate how quickly you can act but it is important to take early action where possible. For instance, if you tripped over an uneven pavement take photographic evidence as soon as possible, if necessary, have a friend or relative take photographs for you as images can be invaluable in supporting your claim.
It is important to take legal advice as early as possible so that a specialist personal injury solicitor can assess whether or not you have a reasonable chance of winning compensation.
Obtaining early medical reports is also important. Your legal advisor can usually arrange this for you. If you are still being treated, or are recovering from your injury, it will usually be clearer to the medical expert what injuries you sustained as a direct result of the incident, the extent of the injury, and how long it should take you to recover. Because taking early action means it is usually easier for your lawyer to investigate your claim and get the necessary information together you are more likely to have a strong case and, in turn, the chances of getting an admission of fault from the other side should increase – the result could also mean an earlier settlement of your claim.
Acting quickly does not necessarily mean that your claim will be guaranteed to be settled quickly, nor does it mean going to court will be avoided. If, for instance, your physical or mental recovery will take some time a lawyer will usually advise you to wait before agreeing a final settlement of your claim.
If you have been injured in an accident that was no fault of your own, take legal advice from an expert personal injury specialist as early as possible.
If you’re looking to make a road accident claim, as a personal injury claims specialist for help and advice.