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Can I make a claim?

In life, accidents do happen. But being involved in, and particularly suffering injury in, an accident that was not your fault can be a particularly difficult and frustrating experience. If an accident was not your fault, you may be entitled to compensation for the injury, for loss of earnings if you have to take time off work and for a number of other ways in which the injury might affect your life.

First of all, you could take advice from one of our experts on whether you have a basis for making a claim. We recognise that even making an enquiry about a personal injury compensation claim can be a daunting prospect for some people. That’s why we aim to get you straight through to a person who will listen to your experience with compassion and understanding. They will be able to tell you straight away whether you have grounds for making a claim. If you decide you want to go ahead, that person will remain your contact throughout the claim giving you the reassurance you need.

Can I claim?

If you have had an accident within the past three years that was not your fault and if you were injured because of it, then yes, you may be entitled to claim personal injury compensation. Our expert personal injury team have the experience and expertise to assess quickly whether you have grounds for submitting a claim.

How will LawWin know if I have grounds for making a claim?

The simplest way to put it is that a compensation claim will succeed if it can be established that the accident was caused by the fault or negligence of somebody else (either an individual or a company or other organisation). That means establishing that the responsible party failed in a duty of care that they owed you. But whether somebody is at fault or “negligent”, or even whether they owed a duty of care, can be a question that is legally complex. There can be many situations where there is a legal basis for establishing negligence even if it is not particularly obvious. You should always make an enquiry to find if you have a basis for a claim and our personal injury compensation experts are able to advise you on these legal issues and how they arise in your case.

What type of accidents do LawWin deal with?

LawWin deals with claims for all types of accidents including:

Is there a time limit?

Yes. The basic rule is that the time limit is three years from the date of the accident. However, it is wise not to leave it too late to begin the claim. Within the three year time limit, a claim must either have been settled, or a court action started before that three year period passes. If you were aged under 16 at the date of the accident, the three year time limit will not start to run until your 16th birthday – so you have until your 19th birthday before the three year time limit will expire.

The time limits are strictly applied so we always recommend you seek advice as soon as possible in relation to whether there might be grounds for making a claim.

There are certain limited exceptions where different time limits apply. For example, if you are injured while a passenger on an aircraft, or at sea, the time limit is two years from the date of the accident. Similarly, if you suffer injury as a result of a criminal act, the time limit for making a claim under the Criminal Injuries Compensation Scheme is two years from the date of the injury.

Can I claim for injuries suffered by my child?

Yes, a parent or legal guardian can claim on behalf of a child if the child is under the age of 16.

What personal injury compensation can I claim for?

There are a number of categories of compensation that can be claimed. The categories that may be open to you will depend on how the accident and the injuries have affected you. The mostly commonly encountered categories are:

  • Compensation for the pain, suffering and inconvenience arising from the injuries
  • Compensation for any earnings or other income lost as a result of time off work because of the injury suffered in the accident
  • Compensation to reflect any additional help you have required, say from family members, cleaners or tradesmen, with certain day to day tasks in and around the house because your injuries have prevented you from undertaking those tasks
  • For claims involving serious injury, further categories would be claimed if the injuries are likely to prevent you from undertaking some or all types of work in the future. Those categories relate to future loss of earnings and also loss of pension rights if applicable.

Our expert personal injury compensation team will advise you fully on which categories may be open to you as part of your claim.

Do I need any other information?

LawWin’s personal injury compensation expert team will be able to identify what information and evidence is needed in your particular case. There are certain key matters on which evidence and information is important. Don’t worry if you don’t have all the pieces of information – there may be ways in which we can obtain some of the information.

Evidence to prove the occurrence of the accident

  • Was the accident reported to anyone? In car accidents, was a report made to the police? If another vehicle was involved, do you have the registration number of the vehicle and/or the name or contact details of the driver?
  • In an accident at work or in a shop, was an accident report completed?
  • Were there any witnesses? Names and contact details of any witnesses are always helpful.
  • Evidence of the area where the accident happened and how it happened.
  • If possible (and permissible), take photos of the area where the accident happened.

Evidence in relation to the injury

If you obtained medical treatment for the injuries either at hospital or at the GP, then it is helpful to know where and when the treatment was given. If treatment is continuing, and is likely to be needed in the future, it is also helpful to know but we will discuss that more fully with you.

Evidence of loss of earnings/income

If you have had to take time off work because of your injuries, then it is helpful if you are able to provide payslips, or other evidence about your income. Ideally, payslips covering the complete three month period prior to the accident, and the complete period of absence, are most helpful.   This is because the standard starting point for calculating on loss of wages to calculate an average pre-accident net wage.  Again, we can advise and discuss fully the circumstances of your situation.

How long does it take?

The truth is, it varies. How long a claim takes depends on nature of the claim and the issues that arise within it.

While our personal injury compensation expert team make it their priority to progress the claim as quickly as possible, there are certain standard timescales that influence how long a claim might take to resolve. There is a protocol in place that governs timescales for certain particular steps involved in a claim – below are three examples:

  • The protocol states that once your claim is started, the responsible party’s insurer then has a three month period in which to say whether or not they admit liability for your accident. That is a vitally important aspect in any case.
  • There are other steps that need to be taken and often they are taken at different times. For example, if an insurer denies liability, we will always consider fully the scope to contest their position and negotiate with them.
  • Medical evidence in the form of medical reports and other evidence about your losses is also essential and can vary from case to case.

It is unfortunate that we cannot give an exact timescale but the LawWin team does everything it can to ensure quick progress of your claim.

How can LawWin help me?

Our dedicated personal injury compensation team has the expertise and experience to deal with all aspects of your claim to help achieve the best possible outcome. But while we have all the skill and expertise necessary to address the complexities that can arise from the law in these situations, we never lose sight of the fact that a claim is really about you and how your injury is affecting you. Some claims companies and solicitors regard a person’s claim as something to be “processed”. We do not. Each claim is different and we make sure we take the time to understand fully not just the facts of the accident and your injuries and losses, but also that, for some people, pursuing a compensation claim can add a layer of uncertainty and worry.

Start your claim today by calling us free on 0800 0743222 or to submit an enquiry form. Any discussion is free and there is no obligation to make a claim.