How a Solicitor Makes Your Accident Claim
English negligence law allows people who have been injured as a result of another person’s negligence to claim compensation by making a personal injury accident claim. The compensation claim is made against the individual or organisation which is allegedly responsible for the accident, or their insurers.
As a victim of an accident which wasn’t your fault, you can get the accident claim process rolling by consulting a personal injury specialist. However, don’t just accept any solicitor. Research your options carefully and choose a solicitor with a good deal of accident claim experience under their belt as well as one which is a member of a relevant professional body. A major example of such an organisation is APIL (the Association of Personal Injury Lawyers). Finding a lawyer with experience is vital in this complex area of law, especially if the defendant denies liability.
When you approach an accident claim solicitor, the process begins with a consultation which is normally free of charge. At the consultation the solicitor will need to know as much information as you can possibly provide so that he or she can come to understand how the accident came to happen, how it injured you and how your injury is affecting your quality of life and finances. Under English law, victims may claim for two types of damages. These are general damages, which cover compensation paid for the injury and suffering and special damages. Special Damages are more complex and cover a wider range of factors. Special damages might include loss of earnings, costs incurred in transport and medical bills following your accident or costs of repair to your vehicle in the case of road accidents. Your consultation with your solicitor will help you establish what you ought to include in your accident claim. You may be advised to keep a diary in which you record steps in your recovery as well as keeping receipts for costs incurred.
When your solicitor has gathered all the information and evidence that he or she needs, they will submit the details of your claim to the defendants. Most of the time, personal injury accident claims can be settled out of court following negotiations between solicitors and the liable party, but this is not always the case. When the defendant does not admit responsibility, they put together their own defence and the matter must go to court. The decision of who is liable and what compensation should be awarded is then down to the judge.