Nina’s top tips for making a personal injury claim
by Nina Modessa
If you have had an accident that wasn’t your fault and you have been injured claiming compensation can be a daunting process. Most people are unsure what information is required to help them win compensation. Our Personal Injury specialist, Nina Modessa, outlines her tips for bringing a personal injury claim.
Your priority must be your own well-being and recovering from an injury as a result of something that was not your fault is likely to be an emotional and stressful time, and the last thing on your mind is making a claim for compensation, but the following tips could help you to get your life back on track.
Tip #1: Medical Attention
It is in your best interest to visit a doctor as soon as you can to be assessed for any accident-related injury. Even if you don’t believe you’ve been seriously injured and do not need urgent care, it’s still worthwhile to get checked out as sometimes injuries can be worse than you initially think. It will also help to record and document the injuries which will help with your claim further down the line. Take clear photos of any visible injuries you sustained in the accident on the day of the accident if possible, as there will also be a record of when you sustained these injuries.
Tip #2: Report the accident
Report the accident as soon as possible to the police, employer, insurance company, council or any other relevant body to ensure it is recorded. Gathering and securing evidence as early as possible can often determine the success of your claim. Are there any witnesses? Is there any CCTV? Is there any physical evidence, like a damaged vehicle or damaged work equipment or accident location that could be photographed? Try to secure this evidence legally, or, if you are not in a fit state to do so, ask someone you trust to do this. If there is any investigation after the accident/injury, keep details of that investigation and keep any papers or emails relating to it.
Tip #3: Gather evidence
If your accident is related to tripping and/or slipping, take and record measurements of the defect and the surrounding area. If your accident is in relation to something that has broken or is defective e.g. equipment, take clear photographs. If your accident is a road traffic accident, take photos of the damage sustained and vehicle registration and see if you can obtain insurance details.
Tip #4: Record the progress of your injuries
Keep a record of basic details of when the accident or injury happened, where it happened, and how it happened. It may also be useful to make a diary of the injuries suffered, the treatment received, and where the treatment took place as claims can take some time depending upon your recovery and evidence obtained. As time goes on, your memory can fade and important details could be lost unless it is recorded.
Tip #5: Record your losses and expenses
Keep details and receipts of all financial losses that you may have suffered. If you are unsure about what losses or expenses might or might not be accident or injury related, then record them anyway, just in case. Typical losses or expenses include medical expenses, physiotherapy, lost gym membership, damaged vehicles, damaged clothing or other items, expenses involving taking care of your personal needs and sometime household replacement services. If you have been out of work because of accident-related injuries, it is important to keep note of your loss of earnings and your wage slips or accounts as these will be required to prove any loss.
Time limits apply to bringing any claim, and in most cases you would usually have three years from the date of the accident, but for some claims the time limits are considerably shorter. If you miss the timer limit, then your claim will almost likely fail. Specialist advice is crucial to the success of your claim and can assist with advice on dealing with damage and treatment necessary.
DISCLAIMER: The content of this article has been prepared for informational purposes only. The content does not constitute legal advice, nor does it give rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances.