If you’ve suffered from an injury that wasn’t your fault, you could be entitled to injury compensation. Many individuals don’t claim personal injury compensation when they are involved in an accident, whether that’s at work, in a car accident, or in a public environment. This could be because they believe that the legal process in securing personal injury compensation is long and expensive. They’re not wrong, but they’re also not entirely correct. It can be costly and a complex process if you’re dealing with multiple injury claims or if you don’t have a sufficient lawyer present to help your case. But not every personal injury claim is the same. With the right professional support, the chances of a successful claim are much higher. So that you can understand your options if you’re ever involved in an accident where you’re injured and it wasn’t your fault, here’s what makes you eligible for injury compensation.
The Time Of The Incident
In order to claim personal injury compensation, you must have been injured within the past 3 years. This legislation was brought into place in favour of the evidence you can submit with your claim. Within the 3-year period, evidence like CCTV footage and witness statements is more likely to be accurate and sufficiently support your case. It’s important to note that the 3-year period can either begin from the date that the incident took place, or the first date you recognised your injuries – whichever comes first.
The Cause Of The Incident
Next in your personal injury claim, you and your legal team will be required to prove that your injuries happened as a result of someone else’s actions. Within your claim, you will be asked to submit evidence of the duty of care. In medical negligence claims, for example, for loss of limb compensation, this will be evidence that clearly outlines the duty of care that the medical professional was required to give. The responsibilities of doctors, nurses and medical professionals are already legally recognised, so in these cases, you won’t be required to outline their professional responsibilities. If you hire a professional lawyer, you will likely be questioned over the breach of duty in the incident. This is to prove that the party responsible failed to provide the duty of care they are accountable for.
The Consequences Of The Incident
If you’re making a personal injury claim, it’s useful to understand what makes your injury eligible to be claimed for. Your injuries can be both physical, like bruising and whiplash, as well as psychological, for example, Post-Traumatic Stress Disorder (PTSD). Your legal team will ask you to clearly demonstrate that your injury was directly caused by the incident that wasn’t your fault. If you can’t prove this, you won’t receive injury compensation. The injuries you suffer must also be approved and recognised by a medical body or profession, which stops individuals from exaggerating injuries to make more money. Hospital notes, records and expert reports are great forms of evidence to support your injury claims.
Successfully making a personal injury claim can be challenging without professional support. If you’re unsure of your eligibility to make a claim, reach out to a personal injury firm like Bond Turner, who can advise you on the best route to take.
