If you have been injured and you think that someone else may have been to blame then you may be able to make a claim. Whatever sort of claim you have, whether it's a road accident claim, an accident at work, a trip in the street or another type of claim there are certain things you can do to improve your chances of success.
After an accident it's important to get names and addresses of any witnesses who may later be able to confirm the accident details. It is not unknown for a driver to admit responsibility for an accident at the scene only to allege later that the accident was your fault so if you are involved in a road accident remember to obtain witness details even if the driver admits responsibility.
In order to make a claim we will need to know who was responsible for the accident. In some cases identifying the responsible party is fairly straightforward but in other cases it can be much more difficult - for example if you are injured on a building site it can be difficult to work out who was responsible for the accident unless the details of the person who caused the accident are taken at the time.
Depending on the type of accident you have been involved in photographs may be helpful. If you have tripped in the street due to a defective pavement, for example, photographs of the defect may be helpful particularly if they include something such as a 50p coin to demonstrate the size of the defect. It is not unknown for local authorities to repair defects very shortly after an accident so it is advisable to take photographs as soon as possible. If your accident results in a visible injury such as bruising then photographs of the injury may help.
After an accident you may incur various out of pocket expenses such as taxi fares to and from hospital and prescription charges. You will find it easier to include those expenses in a claim if you keep a written record of the expenses as they arise together with receipts if possible.
All personal injury claims are subject to strict time limits and if you miss the deadline for making a claim you may find that you cannot make a claim at all so it is advisable to seek legal advice as soon as possible after the accident to ensure that your rights are safeguarded.
What is the time limit for making a claim?
The time limit for making a claim is 3 years. This means that within 3 years of the date of your accident you must have issued proceedings - that is, put papers with the court explaining your claim. If you do not comply with this time limit it is unlikely your claim will succeed as it is said to be 'time barred' ie you are out of time for bringing the claim. There are some exceptions to this rule:
- accidents resulting in injury in which children are involved have until the child's 21st birthday for issuing of proceedings
- if the claimant is unable to conduct his or her own affairs due to mental impairment, the time limit does not apply
