Injury Claims – Handling Your Case
Injury claims arise as a result of an accident, and accidents can happen anywhere and at any time. Whether it’s at work, at home, outdoors, or in a vehicle, millions of people are involved in accidents each and every year, and most of the time they’re not at fault.
Here at Aston Knight Solicitors, we are specialists when it comes to handling your personal injury case with the utmost care and attention. We’re on your side from the offset.
We are perfectly equipped with the knowledge, skills and expertise to provide advice and support for everything from road traffic accidents, injury at work, and defective premises, through to slips and trips, and defective products.
What is a personal injury?
A personal injury can be a physical injury, disease, or illness, or a psychological injury or illness. However, in each case, the principle is the same: if someone is injured as a result of negligence, they are entitled to recover compensation for their injuries.
For example, when on the road, drivers owe each other a duty of care to drive safely; supermarkets and other retail premises owe shoppers a duty of care to ensure that their premises are safe and free of trip and slip hazards; employers owe employees a duty of care to ensure they are safe at work, and so on.
For injury claims to succeed, three basic things must be established:
- there was negligence or a health and safety law was broken (e.g. someone drove into the back of your car)
- you were injured as a result, and
- your injuries are sufficiently serious (anything above very minor injuries is usually enough)
Our experienced and highly trained personal injury solicitors have worked on a diverse range of cases, across a wide variety of different sectors, from complex road traffic accidents to medical negligence cases resulting in unfortunate fatalities. In each case, they always go that extra mile to optimise the amount of compensation you receive for your physical and/or psychological injuries.
For example, we will not only pursue compensation for your injuries, but you will also obtain compensation for your financial losses such as lost earnings, travel expenses, private medical treatment costs, and more
Injury Claims – Important Points to Note
- Evidence is key
Evidence comes in a variety of different forms including photographs, video footage, witness evidence, cleaning records, and more. All of this can help to support a case and prove that the law has been broken.
The earlier the evidence is collected, the better. This is because the more evidence you have in your favour, the more likely you are to succeed in getting the compensation you deserve.
Whilst at the time of an accident the guilty party will often admit fault, things can become quite different when their insurance company becomes involved. Over the years we’ve seen every tactic to avoid justice: people providing false insurance and identity details at the time of an accident; people having repairs done in secret and then pretending their vehicle wasn’t involved (which their insurance companies are quick to go along with!); employers disposing of unfavourable documents such as the accident report and then creating another one not seen by the injured party; CCTV being disposed of (extremely common); witnesses being paid off or pressured to not come forwards (common in accident at work claims); employers creating false training documents or backdated risk assessments, and many more.
Sometimes there’s nothing you can do; rest assured we’ve been doing this long enough to spot such tactics and we’ll fight your corner hard to expose and overcome such obstacles.
However, the best thing you can do is gather as much evidence as possible, as quickly as possible. Take as many photographs and video clips as possible – including of the driver of the other vehicle and any passengers; check ID and insurance details carefully at the scene of an accident; take photos of your passengers also – insurance companies love to argue some passengers weren’t in the vehicle at the time so if any of your passengers are injured photo and video proof can be crucial; try to take a video of any CCTV if possible or if not make a written or email request for the CCTV to be retained – if you don’t feel able to we can do it for you but we need to be quick – some companies like to delete incriminating footage quickly.
Medical evidence in support of your injuries is most often in the form of medical records. If you attend your GP or a hospital regarding your injuries, make sure that you explain the facts clearly. More often than not, mistakes are made by doctors and nurses when noting the circumstances of the accident. Medical records could prove to be key evidence later on, so it’s vital that they are accurate and precise.
If you suffer cuts and bruising, you should always take clear photographs. If your accident leaves you with scars, your solicitor will ensure clear photographs are obtained.
Although medical records may document your injuries, the law also requires an independent medical report to be prepared. This should detail your injuries and confirm that they were the result of the accident you were involved in. Rather than a doctor you’ve already seen, the report must be prepared by a separate doctor with no connection to you or your previous medical treatment. He or she will examine you and then produce a detailed report outlining the injuries you suffered and the outlook for the future.
You will be examined by a doctor deemed to be appropriate for your injuries. For example, in psychological injury claims you will normally be seen by a psychologist who will explore how the accident has affected you from a psychological perspective.
Medical Treatment
If you are in need of medical treatment then it is important you get medical treatment without delay.
Time and time again we speak to clients who tell us they have been suffering with symptoms since an accident but haven’t had the time to get medical advice. Whilst we appreciate many people live very busy lives these days, by not seeking medical attention when you need it you are not only prolonging your suffering (which you won’t be compensated for – any offers will be based on what your recovery would have been like had you had treatment promptly) but you are also putting the doctor who examines you, and the defendant insurance company, in a difficult position as there is no documentary evidence of your symptoms.
The law expects you to do all you can to recover as quickly as you can. In law we call this the “duty to mitigate”. For instance, if you are advised physiotherapy will help you then do your utmost to have some. Do not wait for it “to be sorted” as part of your case – if your case is denied the insurance company won’t pay anyway, and even if it is admitted it can often be difficult to force them to pay. Some people think solicitors will arrange this for them – this is untrue – your medical treatment is always your responsibility.
It is not just about getting treatment though either; if your doctor thinks you can return to work then the law expects you to. If you had to stop working or leave your job after an accident but are now fit to return, albeit on a part-time or light duties basis, then the law will expect you to do your best to get back to work.
No Win, No Fee Solicitors
Think you’re entitled to a claim? Get in touch today!
Whenever you need legal advice, finding the right person for the job can be time consuming and stressful. But it’s incredibly important that you find someone who is skilled and qualified to deal with your personal injury claim.
If you require further information about any of our personal injury claims services, please get in touch. Our friendly, professional, and helpful team is always on hand to answer any of your questions.