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We can tell you how easy it is to claim compensation. The Access to Justice Bill was introduced on 1st April 2000 and was intended to make it much simpler for anyone who has been injured - either by someone else or because an organisation or company did not take sufficient care to ensure their safety - to claim compensation.
On top of being able to claim for the injuries you received, you can also ask the third party (person or organisation you blame) to pay for any loss of earnings or special expenses you may have incurred as a result of the injury.
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The Access to Justice Bill does not apply in Scotland but we have solicitors who specialise in Scottish law and operate on our 'No Win-No Fee' basis.
EPIC Compensation can explain how simple the whole process has now become.
Do I have a case?
Accidents happen. When they happen to us, we can usually put them down to our own carelessness or just plain bad luck. However, there are instances when it was clearly not our fault and we feel that we should be compensated financially. However, compensation is not automatic. First we have to demonstrate that someone else was to blame and was legally 'at fault'.
According to the law, we owe a duty of care to each other. If we cause anyone injury and loss by acting without care, then we must compensate them. It is for this reason that drivers take out the minimum of at least Third Party Insurance and why employers also have insurance to cover them against anything happening to their employees. Your house contents policy may even offer you similar cover should, say, a roof tile blow off and injure a passing pedestrian.
If you are injured and you feel that you should be compensated, then English law says you have to demonstrate that whoever caused your injury owed you a duty of care. It may sound obvious, but you also have to prove that you have been injured, as well as be able to show that your injuries were due to the person or organisation acting without care.
You are not prevented from making a claim even if the accident was partly your fault - although you may not receive quite as much as you had hoped by way of compensation. If, for example, you were a passenger in a car, which was involved in an accident - and you were not wearing a seat belt, then you would probably have to accept a reduction of something like 25% in the damages you would receive - but it would still be well worth making a claim.
What can I claim compensation for?
Basically, claims for damages fall into three categories:
- General damages - this will represent any pain, suffering or injury you have received - and will require evidence provided by an independent doctor's report.
- Special damages - these include any loss of earnings or out-of-pocket expenses that may have directly resulted from the other person's (or organisations) act of negligence.
- Future losses - these take into consideration any losses that might reasonably be incurred in the future including loss of earnings and even loss of pension. It also covers an assessment of the cost of any future care or accommodation, treatment or drugs you may need.
Do I really need a solicitor?
Remember that you are likely be up against an insurance company that is extremely experienced in dealing with personal injury claims on a daily basis. The laws governing compensation are complicated and insurance companies may do all they can (within the law) to reduce the payment. To counter this and to lead you through the maze, it is highly recommended that you use somebody who knows this specialist area of the law to represent your interests.
EPIC Compensation only use expert solicitors and barristers who specialise in and are aware of up to the minute case law practice and procedure. Do not let the fear of legal costs put you off progressing with your claim. If you lose, we hold insurance to cover both your legal costs and those borne by the other side.
Will I have to go to Court?
The majority of personal injury claims are settled outside of Court. During the last few years there have been changes in the law to facilitate personal injury claims. The aim of the changes is to allow the general public to have easy access to information regarding personal injury claims, and to focus attention on resolving disputes quickly and for compensation claims to be settled outside of Court where possible.
What should I do after my accident has happened?
Immediately after an accident has happened you must try to gather whatever evidence you can to support why you feel you were not at fault, i.e. witness names, photographs and if possible a copy of the accident book entry. In addition you must start keeping a detailed record of events, expenses and of your recovery from the injury. This should include keeping receipts, as it will eventually become necessary to remember and support every aspect of your claim. Also we highly recommend you start a record that keeps track, on a daily basis, of your discomfort and pain, as well as its frequency and intensity.
Is there a time limit on making a claim?
It is important to begin your claim as soon as possible - so that evidence can be considered while it is still fresh. Whatever you do, do not wait longer than three years, as you cannot make your claim after that - unless it involves children who have until their 21st birthday to claim. Additionally, you may have developed an illness after the three-year limit period, if this is the case then by law you need to begin your claim within three years of being diagnosed or three years from the time you could have reasonable known from where the condition arose.
However if you have suffered a criminal assault you need to claim within two years and have reported the incident to the police.
I believe I have a case. What should I do next?
If you would like to make a claim for compensation, visit the Make a Claim section, enter your details and submit them to us. Your case will be reviewed by our personal injury claims specialist and if accepted they will proceed on your behalf.
