Need to Make an Injury Claim?

An injury claim is a compensation claim made to another party for the injury or accident that happened. The Access to Justice Bill created on April 1, 2000 made the claim to injury compensation faster and easier for the people of UK.

An injury claim can only be made in cases where a person is injured because another party - whether individual or organisation - did not take necessary precautions or steps to make sure that accidents are prevented. It is however, imperative that you prove that you actually incur the injuries due to the negligence of another person or organisation.

The law demands that each of us have a duty to care for the other. If injury occurs due to our actions then we should compensate the injured party. This is the reason why doctors, drivers or companies need to have insurance to cover injuries.

If you incur injury and you think that you need to be compensated for it, the law requires that you must first demonstrate that the person or organisation that causes the injury have the duty of care.

You can make an injury claim even if you are partly at fault for it. However, the amount you can claim may be reduced since the other party is not to be blamed completely. For instance if the car you were driving had an accident and you did not wear a seatbelt then you are partly at fault for the injuries. The injury claim can be reduced to as much as 25%.

The personal injury claim for damages fall into three different classifications:
General damages – this refers to the pain or injury you undergo. This needs proof in the form of a report from an independent doctor.

Special damages – pertain to the loss of earnings due to the other party’s negligence.

Future losses – refer to loss of future income due to the injury. This can include loss of pension or loss of job due to inability to work. This also includes the future costs you may incur for treatment or medications.

When you make a personal injury claim it is important to note that you may go against a seasoned insurance company that is very adept in handling claims. The company will do everything to lower the payments they pay you. To be able to counter them, you need the aid of an experienced legal representative that specialises in personal injury claim so your interests will be protected.
Most of personal injury claims are settled outside of Court. Laws have been changed to make the settlement of a personal injury claim faster and easier. This is the reason why out of court settlements are permitted to resolve issues quickly and to provide quick access to information pertaining to personal injury claim.

When making a personal injury claim, it is important to report the accident after it occurred. You should gather proofs to support the fact that you are not to be blamed for the accident such as pictures, accident book entry copy and names of witnesses. Record the events in great detail. Include the expenses and the length of time you need to recover from the injuries. Receipts to support your claim should also be kept. Record the pain you feel daily particularly its intensity and frequency.

Making your personal injury claim immediately can help preserve the evidence. The length of time you are allowed to make a personal injury claim is three years. After that, you cannot file an injury claim anymore. There are two exceptions to this three-year limit rule.

One is if you are a minor when the accident happened. You have until your 21st birthday to make the personal injury claim. Or, the three year rule can begin at the age of eighteen.

Another exception is if you become ill due to the accident after the three year limit has lapsed. If this happens, you are required by law to file the claim within three years of diagnosis or discovery of the ailment.

For a personal injury claim arising from criminal assaults, the claim has to be done within two years after the incident occurred and it must be reported to the police.