Thinking about making a personal injury claim? Below, you will discover everything you need to know about the claims process, to help you with your claim.
Seeking legal advice
You should seek legal advice from a reputable law firm with a solicitor in injury cases who has processed many claims similar to your own. This way, you will be afforded with the most relevant legal advice possible, to help you make your claim. Alternatively, you could call an accident helpline operated by a law firm, because these are staffed by claims advisors.
You have to make your claim within three years
In the United Kingdom, the Limitation Act 1980 sets out strict rules for when a personal injury claim must be brought forward. The time limit for personal injury claims is three years and it starts from either the date your accident happened or from the date your injuries were first diagnosed. After three years, personal injury claims become statute-barred so it is incredibly important to bring your claim forward sooner rather than later.
Making a claim on behalf of a minor
The legal guardian or parent of a minor can bring forward a personal injury claim on their behalf at any time before the minor’s 18th birthday. The legal guardian or parent of a minor under the circumstances is known as the ‘litigation friend’.
Making a claim for injuries sustained as a minor
If you were involved in an accident when you were a minor and you wish to make a claim, under the Limitation Act 1980 you only have three years to bring your claim forward from the date of your 18th birthday. So you have until your 21st birthday to make a claim. You can make a claim for injuries sustained at any age. However, as with all claims, you need to know who your claim is with or at the very least a rough idea so investigations can be made.
Compensation amounts
The amount of compensation you can claim for your accident depends on a few factors, and claim values vary wildly from case to case. When determining a settlement demand for your accident and injuries, your lawyer will consider following:
- The nature of your injuries;
- The extent of your injuries;
- How your injuries have and will affect your life?
The worse your injuries are, then the more compensation you can claim. However, you can also claim back financial losses related to your accident. You can claim back lost income including overtime, and any related out of pocket expenses. Depending on your financial losses, this compensation could bump up your pay-out considerably. However, compensation for financial loss has to be proven through receipts, bills, wage slips and other relevant evidence. In other words, only provable expenses can be claimed back.
