If you have been injured in a non-fault accident, you may be wondering how to start a claim and what is personal injury compensation exactly. In simple terms, it is a financial coverage offered by the UK law to the victims of non-fault accidents for their physical, psychological or financial damages caused by the negligence of another person.
This blog explains all the important aspects of a personal injury compensation claim you should know before starting one. So, let us dive straight into it without further ado.
How Personal Injury Compensation Works?
The UK law has set clear guidelines to become eligible for personal injury compensation and how it works for different types of injury victims. It starts with proving that a duty of care was owed to you by the person or the organisation at fault. Then, you have to provide evidence which shows a breach of duty of care and how that breach caused your injury.
Once liability is admitted by the defendant’s insurer, your solicitor negotiates a fair compensation award that covers all your treatment costs and financial losses. However, there might be a case where liability gets denied by the insurers. In such claims, prolonged negotiations take place with a possibility of your claim proceeding to trial.
Understanding Injury Compensation UK
The compensation awarded for all types of injuries covers two types of damages. These are, general damages and the special damages. Compensation for general damages takes into account pain, suffering and loss of amenity. Whereas, the compensation for special damages is awarded for financial losses such as medical expenses, travel costs, lost earnings and aid equipment.
Courts, insurers and solicitors across the UK use the Judicial College Guidelines to assess an appropriate compensation for general damages suffered by the victims. On the other hand, special damages require documented evidence such as receipts, invoices, wage slips and contract details.
What Impacts the Value of Your Claim?
What is personal injury compensation worth in your particular case depends on a number of important factors. The severity of your injury, its effects on your lifestyle and whether or not you will be able to fully recover all contribute to the final compensation figure.
Financial losses play an equally important role. Lost earnings, both past and future, can be a significant part of your claim. Especially, where an injury means that you cannot return to your previous occupation. Other recoverable losses include private treatment costs, home adaptations and care provided by paid helpers during your recovery. Hence, understanding injury compensation in the UK also means accepting that no two claims are of the same value. Each claim is based on its unique set of medical and financial circumstances.
The Role of Medical Evidence
Medical evidence is at the centre of every personal injury claim and has a direct impact on the amount of compensation you could receive. Experienced solicitors, like the panel solicitors at RU1NJURED, connect you with specialist medico-legal experts who review your injuries and prepare a detailed prognosis report which forms the basis of your general damages valuation.
Without strong medical evidence, it becomes difficult to accurately assess what is personal injury compensation truly worth in your specific case. Moreover, gaps in your medical records can be used by insurers to challenge the validity of your claim or to reduce your claim’s value.
How Settlements Are Reached?
Most personal injury claims in the UK are settled through negotiation without going to trial. The process starts with your solicitor writing a letter of claim to the defendant’s insurer with all the supporting evidence. The defendant’s insurance company has 21 days to acknowledge the letter and around 90 days for investigating the matter to come up with a response.
Where liability is accepted by the insurer, negotiation for a fair compensation award begins. Understanding injury claim estimates at this stage can help you realise if you have been offered a reasonable settlement or why waiting for a higher valued offer is the correct decision.
How Long You Have to Make a Claim?
Understanding injury compensation in the UK also means knowing the time limits you have to make a claim. Failure to act within the defined time limits may result in losing your right to compensation permanently. You normally have three years from the date of your accident to make a claim as per the Limitation Act 1980. However, the time limit can be flexible in some cases.
In the case of children, the three-year clock starts at the age of eighteen giving them time till their twenty first birthday. Whereas for injury victims who lack mentally capacity, there is no fixed time limit to start a claim. Still, it is always better to act immediately since key evidence can disappear. CCTV footage can get deleted. Witnesses can become hard to locate or they might not able to recollect the details about the incident.
Conclusion
The first step in securing the compensation you are truly owed is to understand what is personal injury compensation and how it works. If you are still confused about anything or do not know where to begin with, expert solicitors like RU1NJURED’s panel solicitors are here to help. Right legal support and solid evidence significantly increase your chances of winning a fair compensation award.
FAQS
1) What if I am hit by an uninsured driver?
You can still make a claim against an uninsured driver through the Motor Insurer’s Bureau.
2) How to avoid wrong claim estimates when pursuing injury compensation?
Discuss your case with expert solicitors. They have the expertise to accurately estimate your claim for accident injuries.
3) How personal injury compensation works in a shared liability claim?
The total amount of compensation you could receive will be reduced in accordance with the percentage of your shared liability.
4) How to find the best solicitor for my personal injury claim?
Get in touch with RU1NJURED today. We will connect you with the best solicitors available in your city across England and Wales.
