Claiming Compensation for Accident Injury, Assault or Industrial Illness

Although millions of people are injured in accidents that were not their fault many don’t consider seeking compensation, either because they are unaware that they can make a claim or because they believe that it will be stressful and costly.

The Law is of the opinion that those people who have suffered injury through the negligence, recklessness or violence of others have every right to seek compensation for their pain, suffering and the impact the injury has had on their life as well as recovering any financial losses from the person or persons responsible.

By contacting Macks Solicitors you can be sure of expert advice from a skilled professional who, if you have a valid claim to compensation, will explain in simple terms how your claim will be handled and financed. If you would then like Macks to act for you the process of making the claim will start without delay and you will be kept informed of progress throughout.

Below are a number of things that will greatly assist your claim:-

General Accident Advice

If you were involved in a road traffic accident as a driver, passenger, motorcyclist, bicyclist or pedestrian try to get the details of all those involved in the accident along with registration numbers and the make, model and colour of any vehicles. Report the incident to your insurers but take independent legal advice if you have been injured and wish to make a claim.

If you are injured in an accident at work , you should notify your employer and the accident must be recorded in the accident book. Your employer has a legal responsibility to report the accident to the Health and Safety Executive and could be prosecuted if they fail to do so.

Accidents that cause injury in supermarkets, shopping centres or any public building should be reported to staff and entered into the accident report book.

Victims of violence should report the matter to the police as soon as possible. The Criminal Injuries Compensation Authority will require a police incident number before they consider a claim.

No matter what the type of accident or where it occurred it is wise to gather as much information and evidence in the form of photographs, diagrams and notes as soon as possible while the details are still fresh in the mind.

Medical Attention

Naturally, if you have been injured it is important that you seek medical attention as soon as possible. Visiting your GP or the Accident & Emergency department of the nearest hospital will ensure you get appropriate advice and treatment for your injury and that it is noted on your medical records. Some symptoms, such as whiplash, do not always appear straight away but may take hours or even a day or two to develop.

Treatment and Rehabilitation

Specialist treatment such as physiotherapy, speech therapy or counseling will be arranged as soon as possible without awaiting the final settlement of the claim. This should ensure as complete a recovery from the injury as possible.

Make sure that the advice of your GP or the hospital doctor is followed and you attend for any rehabilitation treatment you are offered such as physiotherapy, speech therapy etc. Failure on your part to do whatever you can to assist your recovery may affect your final settlement.

Legal Advice

Taking legal advice at an early stage is advisable and choosing a specialist personal injury firm like Macks Solicitors, will ensure that you receive expert advice from a specialist lawyer. Macks Solicitors act for clients on a No Win No Fee basis and unlike some solicitors and many claims management companies we never ask clients to fund their costs with expensive insurance policies. When the claim is settled our clients keep the whole amount of compensation awarded and in the unlikely event the claim is unsuccessful we meet all the costs incurred.

Insurance Companies

Increasingly insurers are contacting victims of road traffic accidents with an early offer of compensation to try and avoid the costs of medical and legal experts. Accepting the insurer’s offer without medico-legal opinion could mean accepting less than the injury would entitle the victim to. Once the claim is settled it is not possible to return to the other party for further compensation if, for instance, the injuries cause problems in the future that prevent the victim from working. Taking appropriate medico-legal advice will ensure that all future losses are taken into account in any settlement as well as the immediate losses.

Claiming Damages

General Damages - These are for ‘pain and suffering’ and include both the initial injury and any continuing suffering or disability. Any loss of amenity (enjoyment of life e.g. inability to pursue a sport or hobby) will also be claimed for.

Special Damages - This is compensation for any financial losses and expenses caused by the accident. For example loss of earnings (past and future), unpaid care carried out by friends and family or the cost of professional nursing care, travelling costs for treatment or rehabilitation, prescription costs and the cost of specialist equipment. Wage slips and receipts will be required to support the claim.