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Serious Injury Claims – 5 things to keep in mind

If you have suffered a serious injury and wish to claim compensation, it is important to note how complex these cases are, making it all the more important to choose the right representation. Furthermore, making sure you are well versed in processes involved can have a massive impact on the end result of your claim.

The 5 things you should keep in mind are:

1.  Negligence has to be proved despite the severity of your injuries

This one may sound tricky but the concept is relatively simple. Just because your injuries are severe, does not automatically mean you’re entitled to compensation. We need to prove that had the other party acted more responsibly, you wouldn’t have suffered an injury in the first place. This is why evidence is so important in these cases, which brings me to point number two.

2.  You need to be prepared to jump through hoops

Whichever solicitor you choose, you will need to be as cooperative as possible. Medical and witness reports are often necessities with complex cases, so you might have to attend appointments and write an account of what happened. Your solicitor will take the majority of heat off you but will still need your assistance with the claim every now and then.

3.  You have three years

Like all personal injury claims, you have three years from the date of the accident to make a claim for a serious injury. However, say for example you weren’t aware of the extent of your injury until quite some time after the accident, you have three years from the date you had reasonable knowledge. There are some exceptions to this role, i.e. people who cannot manage their own affairs or children.

4.  You don’t have to be left out of pocket

Most people assume that having a solicitor represent you is very expensive and worry about the potential costs when deciding whether or not to make a claim. Nowadays, most firms operate their claims on a no-win, no-fee basis, which means that if your case is unsuccessful you won’t be charged a penny. A percentage is usually deducted from your compensation to cover your lawyer’s costs if your case is successful. While there are still some firms out there that offer 100% compensation, it is usually the more reputable firms that make charges. Don’t forget that you get the service you pay for.

5.  It doesn’t end with general damages

If you have a serious injury as a result of someone else’s negligence, you can claim for more than just your physical suffering. Many people need compensation to adapt to unforeseen lifestyle changes the accident caused. You may be left unable to work or need to pay for care; compensation can help you move on with your life by giving you the financial means to do so. Make sure that the solicitor you choose looks at all the aspects of your life that have been affected by the accident, so that they can recover what you need to carry on with your future.

Author: Samantha Tomlinson

Lance Mason Solicitors

DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, please speak to Lance Mason Solicitors directly.

Published on 20th May 2014
(Last updated 6th May 2021)