Making a Claim

We know more than most that making a claim can be very daunting and confusing, but we’re here to reassure you that we’re on your side! We put together a range of information all relating to the process of making a claim. While we’ve covered all the main points here, if there is anything you’re still wondering about or want more detail on, just send us a message or give us a call.

Your Guide to Making a claim

If you’ve suffered an injury or illness through the negligence of another party then that other party should be made to compensate you. It’s as simple as that. You’ve already paid in terms of pain and distress, you shouldn’t have to keep paying, financially or otherwise, into the future. Some injuries, such as the loss of a limb, are obvious whilst others, like stress and anxiety, are less so, but the term ‘injury’ covers physical or psychological symptoms.

Making a claim doesn’t mean cashing in, it means:

DID YOU KNOW: There is a three year time limit to making a compensation claim.

When Should I Make My Claim?

The best advice is always to start thinking about making a claim for compensation as soon after the actual incident as is possible. Events will still be fresh in your mind, evidence easier to gather and a stronger case more likely to be built. Over and above this, however, is the fact that, legally speaking, there is a time limit of three years after which, in most cases, a compensation claim will not be allowed.

The details are laid out in the Limitation Act 1980 and state that, with some exceptions, a claim has to be launched no more than three years after the accident which caused the injury. Exceptions to this rule include some cases of medical negligence or work-place injury in which the time limit runs from the date upon which the illness becomes apparent.

An illness such as Mesothelioma, for example, a rare type of cancer usually caused by exposure to asbestos dust, may take decades to be diagnosed, and so the three year limit will run from the date of this diagnosis.

Other exceptions to the three year rule:

DID YOU KNOW: You don’t have to be the victim of the accident in order to make a claim.

If your child has been injured then you can claim on their behalf before they turn 18. A baby injured during birth, for example, may need compensation to pay for specialist care for the rest of their life and the sooner a claim commences, the better. Similarly, if a close relative suffers a fatality in an accident, you can make a claim on their behalf.

Different Types Of Accidents

Criminal Injury – if you are the innocent victim of an injury sustained when someone was carrying out a criminal act, then you can claim for compensation. In the case of criminal injury, however, you don’t claim from the other party directly but from the Criminal Injuries Compensation Authority (CICA). This is a government run body which pays compensation to:

For more details on CICA visit their website.

DID YOU KNOW: You can claim for Criminal Injury even if nobody has been arrested or charged.

Medical Negligence – if the medical treatment you receive was not of the standard you might reasonably expect and left you ill or injured then you can claim compensation. Claims of this kind can be pursued against NHS or privately run facilities and are often amongst the most complex cases. The NHS Litigation Authority will examine claims against the NHS and, if they accept blame, will try to negotiate compensation. If the other party denies negligence then the case will have to go to court, and this is a process which can take several years, underlining the need to employ the services of an experienced personal injury lawyer.

Uninsured/Untraced Drivers – if you are involved in an accident with a driver who isn’t insured, or who leaves the scene and then can’t be traced, it is still possible to claim compensation. Cases such as these are handled by the Motor Insurers Bureau (M.I.B.), an independent body funded by the industry.

These are a very small selection of the types of accidents or injuries which you can claim compensation for. To see a more complete list, visit our types of claims page.

The Process of Making a Claim

The idea of taking legal action is often daunting, but with the help of a personal injury lawyer the process of claiming compensation can be broken down into fairly simple steps, with all of the legal complexities handled on your behalf.

How Compensation is Calculated

If you receive compensation it will be calculated as two separate components:

Don’t hesitate to give us a call, or fill out the simple claims form at the top of this page, if you feel you are ready to proceed with your claim.

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