Five Tips to Make a Successful Accident Claim
5 tips to make a successful accident claim
1. Make a careful note of the time, date and location of the accident
This may seem obvious and in some circumstances it is straightforward. However, it is surprising how many people do not know the date that their accident occurred, especially if some time has elapsed since the accident.
It is usually relatively simple to obtain such details later on, for example an insurance company will have been provided with the information in road traffic accident cases, an accident report form should have been completed where there has been an accident at work or medical records will verify the details.
However, none of these records are likely to be available at the time you approach a solicitor. This can lead to delay in progressing a claim.
If you need a Personal Injury Solicitor in Warrington gets in touch on 01925 937070 or email dianemassey@dsmlegal.co.uk for further information or a free consultation.
2. Obtain evidence
If involved in a car accident take the other driver’s details, ie name, address and insurance company details. Also, car make, model, colour and registration number. Record the road and weather conditions. Photographs of the damage to both vehicles are very important.
If you have sustained an injury at work ensure that it is reported to the appropriate person and recorded in the accident report book. Ensure, if you can, that what is recorded is accurate, especially if you are asked to sign it.
If you trip or slip on a highway photographic evidence is crucial. Obtain photographs of the defect as soon as possible. The photographs should be taken from every angle and dated and signed on the back by the person who took them. Photographs showing the measurements of defect, including its length, width and depth should be taken. Ensure that the measurements are clearly visible on the photographs.
Whist the council should be notified of a defect it is crucial that evidence is obtained first. Otherwise if the council repairs the defect then evidence that may have been the difference between winning and losing your case is lost.
Evidence as to how long the defect has been in existence is very often crucial and therefore if you are able to obtain details of people living close to the defect who are able to confirm these details then that will increase your chances of bringing a successful claim.
In all accident scenarios try to obtain the names, addresses and contact details of all witnesses.
If you need a Personal Injury Solicitor in Warrington gets in touch on 01925 937070 or email dianemassey@dsmlegal.co.uk for further information or a free consultation.
3. Seek medical attention as soon as possible
Part of your claim will be for compensation for your injuries. You should seek medical assistance as soon as you can. Your medical records will be requested as they will form part of your evidence. The records will usually confirm the circumstances of the accident, including the date of the accident and injuries sustained. They will record any advice given and treatment received.
4. Keep a record of any losses
You may have prescription charges, fees for private physiotherapy treatment, travel expenses incurred as a result of travelling for physiotherapy treatment, to see your GP or to attend the hospital. Loss of earnings details can usually be obtained from your employer and your solicitor should be able to obtain those for you.
It is important to keep a written record as it can be difficult many weeks or months later to recall the precise details. All receipts and invoices should be retained for evidential purposes.
5. Do not delay
The general rule is that court proceedings for personal injury cases, including medical negligence, must be issued within 3 years of the date of the negligent act or omission.
Whilst it may seem that that is plenty of time there is a lot of work to do to finalise the claim within that time, particularly where complex cases are concerned, involving serious injury or disputed liability.
Even in cases which might seem straightforward, there are inbuilt delays in the system, such as insurers requiring time to carry out investigations – in some cases they are allowed up to 4 months under the civil procedure rules.
It takes time for GPs and hospitals to provide medical records and independent medical experts who are instructed to provide medical reports can have long waiting lists.
Sometimes, more than one medical report is required.
In addition loss of earnings details may be required from employers or accountants.
Once all the evidence is finalised then the process of trying to settle the claim will begin.
Unfortunately, the older the case, the more difficult it will be to find a solicitor who will take the claim.
If your claim is to stand the best chance of success you should always consult a solicitor as soon as possible.
If you need a Personal Injury Solicitor in Warrington get in touch on 01925 937070 or email dianemassey@dsmlegal.co.uk for further information or a free consultation.
