Unfortunately, car crashes are a common occurrence. They seem to happen on a daily basis. If you have been injured in a car accident and it was not your fault, you may be wondering whether legal action is justified and if it is worth the hassle. You do not want to spend your money on legal aid for no reason, but you do not want to missout on a payout if it is deserved and justified. Don’t worry, as we have you covered.
Determining whether you have the basis for a compensation claim is important. After all, you certainly do not want to miss out on any money you may be entitled to as per the personal injury law of the country. However, at the same time, you certainly don’t want to waste time and money on the services of accident lawyers if there is virtually no chance of you securing compensation. Keeping that in mind, read on for our three-point guide on determining whether to make a claim.
- Establishing responsibility – The first thing you need to do is determine who caused the incident. You certainly cannot go ahead and make a claim if you are responsible for your injuries. Instead, you need to show that someone else made a mistake or acted in a negligent way and that this result in the accident that occurred. For instance, if you were affected by a vehicle crash you must show that the other driver caused it. What occurs if you were somewhat to blame for the event but did not solely create it? You may still be entitled to compensation; however, the amount will be lower to reflect the role you played.
- The date of the accident – The next factor you need to take into consideration is the date of the accident. This is vital because there is a three-year time limit on all personal injury cases. This starts from the date of the accident. Three years can look like a long time, but court proceedings have to be issued within this time period. If you have sustained an injury that has developed over time, you will have three years from the date of your diagnosis instead.
- Did you see a doctor? – To give yourself any chance of getting the payout you feel you deserve, it is vital that you have gone to a doctor for your pain. This is because the medical report they provide is used to determine how much compensation you will be entitled to. Without it, how are you going to prove that you were injured in the first place?
Things to know if you decide to claim
From slips and trips, to injuries from faulty products, to car crashes, there are a whole host of different reasons why people may find themselves in the position where they need to hire an accident lawyer. If this applies to you, read on to discover five things you need to know when hiring accident lawyers.
- You have various payment options available to you – When hiring an auto accident attorney you have plenty of options to choose from and one thing you need to consider carefully is the payment structure. Whilst a lot of accident lawyers charge by the hour, you should consider a no win no fee solicitor instead. By doing this you will protect yourself financially, as you will not pay any legal fees if your case is not a success.
- Compensation is split into two parts – Special damages are to cover any out of pocket expenses incurred because of your injury. You will need to keep receipts for this. General damages, on the other hand, are designed to help you with your illness or injury.
- There are time limits to contend with – This time limit is three years. You will have three years from the date of the accident to make your claim and court proceedings need to be issued within this frame of time. The only exceptions involve injuries that have occurred over time, such as industrial deafness. In such scenarios you will have three years from the date of diagnosis instead.
- You need to see a doctor – A lot of people make the mistake of thinking they can claim with seeing a medical professional. However, this is not the case, as the medical report is the most crucial piece of evidence when making a claim.