Making your Compensation Claim

Even though the restrictions surrounding making a compensation claim have been changed and reduced for a number of years now, many people still don’t realise their rights surrounding claiming for compensation.

If you have suffered personal injury that has directly affected your life such as leaving you out of work or restricting you from performing daily activities then you could be entitled to claim for compensation. As long as the accident that caused your personal injury was no fault of your own such as a road traffic accident caused by a negligent driver or an uneven paving slab causing an accident in public or maybe your working conditions are dangerous and you weren’t given the correct safety equipment causing you to suffer a personal injury accident.

Most compensation claims have to be made within a three year period; claims made three years after an accident are likely to be unsuccessful. There is however exceptions to this rule such as medical negligence claims and industrial diseases as in examples such as these it isn’t always clear that injury was caused through negligence. Also if you were injured as a child your three year limitation period starts from the day you turn 18. One other exception to the rule is patients under the care of the Mental Health Act. Patients suffering mental illness have their three year limitation start from the day they are discharged as a patient.

If you do put in a claim for compensation your claim will be handled by an experienced personal injury lawyer who will guide you through the legal issues of your claim and they will keep you informed through every step of making your compensation claim.

The process of your compensation claim will depend on the complexity of your case but your personal injury solicitor will do the following:

• Prepare your case against the liable person, company or other party.
• Arrange the no win no fee agreement for your case.
• Arrange a medical report about your injury or illness, in order to assess and support your claim to compensate for pain, suffering and loss of amenity.
• Obtain the advice from experts in rehabilitation, accountancy and medicine to ensure all elements of your claim are fully explored.

With a no win no fee agreement you will receive 100% of the compensation that you are awarded, with your solicitor’s fees being paid by the losing party’s insurance company.

The time it will take to settle your compensation claim depends on factors such as how complex your case is. In most instances compensation claims are settled within a matter of months. However with more complex cases it could take up to a year or longer to settle your case. Another aspect that partially depends on the complexity of your compensation case is the value of compensation that you will receive. The value of compensation that you will receive in a successful compensation claim depends on the circumstances that surround your case as well as the extent of your injuries, both physical and psychological.
The compensation that is received in a successful claim is normally split into two sections, these sections are:

• General Damages - this compensates you for the pain and suffering of your injury, both the initial injury and any ongoing suffering or disability and the loss of amenity or enjoyment of life. The figure awarded can vary dependent on factors such as the severity of your injuries, your gender and age.
• Special Damages - this compensates for all other losses, where an exact figure is known and can be supported by documentation to prove the loss. These losses may include earnings, damage to property, vehicle damage, medical fees, adapted accommodation and travel expenses.

If you think you have a claim for compensation then get in touch with a team of solicitors who will be able to advise you on what to do next.