09 Jan 2024
23 Jul 2019
The decision to make a personal injury claim should not be taken lightly. Here are five tips to help your claim run smoothly.
1. Take photos
It’s probably the last thing you would think to do when you are involved in an accident, but photographic evidence can make all the difference. Imagine if you are in a road traffic accident but then the other driver denies that it happened? Or if you trip in a pothole but then the owner of the land fills it in so you can’t prove how deep it was? Photos taken at the scene of the accident could solve these problems.
2. Keep evidence
As well as making a claim for your injuries, you can also claim for financial losses. If, as a result of your injuries, you miss out on earnings, or have to buy medicine, or pay for a taxi, or can’t go to an event that you have bought tickets for etc. etc., you can make a claim for these losses, but you will need evidence. Don’t forget – the burden of proof is on the claimant, so that means that the person making the claim has to prove every loss that they want to claim for. So, make sure you keep this evidence right from the start.
3. Don’t be shy when talking to medical experts about psychological injuries
In order to prove your claim for damages, you will need to be assessed by an independent medical expert who will then prepare a report on your injuries for the benefit of the court. This cannot be done by your own doctors unfortunately. As such, in your appointment (which are often only around 15 minutes long), make sure you mention all of your symptoms, including any psychological injuries (like depression, nightmares, anxiety, avoiding situations etc.). Lots of people don’t think of these as injuries, but they are just as valid as physical injuries and sometimes form the largest part of the claim.
4. Be wary when dealing with insurers
It’s quite common for the insurers who will be paying your damages to contact you before you have legal representation and try to get you to accept offers. They sometimes give the impression that they are acting for you without making it clear that you should have the benefit of your own legal advice. Don’t forget – their priority is to pay you as little as possible! Always seek independent legal advice when you are thinking of making a personal injury claim.
5. Always have a solicitor acting for you
There are many, many legal and procedural issues that can arise over the course of a personal injury claim, regardless of the value. As such, it is very important to have a qualified solicitor to guide you through the process and deal with these issues effectively when they arise. When you are thinking of instructing a firm to act for you, always ask whether a solicitor will be dealing with your claim – if not, go somewhere else! Our fully qualified team of Civil Dispute and Litigation Solicitors are ready to take your case. Don’t suffer in silence.