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 Do I Have a Case

 Accidents can and do happen. Often or not when they happen to us, we can usually put them down to our own carelessness or bad luck. There are though some occasions when the accident is clearly not our fault and we feel that we should be compensated financially for this. Compensation though, is not automatic. We first need to show that someone else was to blame and were at fault legally. The law states that we owe a duty of care to one another. If we cause injury and loss, to another, by acting carelessly, then we must compensate them in some way. It is for this reason that employers and car drivers are required to have insurance in place.


If you are injured and feel that you should be compensated, then English law states you need to demonstrate that whoever caused your injury owed a duty of care towards you. You also need to show that you were injured and that this was due to the carelessness of another. You are still able to claim even if the accident was partly your fault - this may however have an effect on how much you may receive in compensation. If for example you had an accident in a car, but were not wearing your seat belt then you could expect to have a reduction of 25% to your damages.

What do I have to do to bring a claim?


With the possible exception of minor injuries that can be pursued using an informal small claims track procedure, we suggest that you consult a solicitor as soon as possible. Your solicitor should first make some initial enquiries on your behalf. This will usually include: interviewing any witnesses, drafting a formal letter of claim to your opponent that summarises your allegations and the basis of your claim, and participating in the relevant pre action investigative protocol with your opponent. The purpose of this procedure is to ascertain the basic facts of the case and to evaluate the strength of the available evidence. Your solicitor will then be able to review the merits of your claim and if the prospects of success are good, he or she will then obtain a medical report on your injury. Most accidental injury claims are settled by negotiation, usually between your solicitor and your opponent's insurers. Only a relatively small proportion of claims result in court proceedings. However, if it is not possible to negotiate a fair settlement, it is necessary to issue proceedings. This is done at your local County or High Court by completing a Claim Form that sets out the basic facts of your claim. Even so, the vast majority of all court cases are eventually settled, without the parties having to attend a court hearing

How do I prepare for my first meeting?


In order to gain the most from your initial interview, try to anticipate what your solicitor needs to know in order to advise you properly. For example in a road accident claim, list the names and contact details of anyone potentially involved (such as any other drivers present or involved, other witnesses and the police) and provide where possible full details of the vehicles involved and the location of the accident. It is often helpful to have a photograph of the accident scene or the accident damage to your vehicle. Try to record how your injury affects you: socially, domestically, in any recreational pastimes and in your work. Take with you to the appointment any correspondence or other documents that you think may be relevant. If in doubt, ask your solicitor what you should bring with you to your initial meeting.

How does Claim Today Solicitors get paid?


Claim Today Solicitors would get their costs paid for successful cases by the other side's insurance company. In the event that you are unsuccessful in your case, we would not get paid.

We would endeavour for you to be successful in your case, and get you as much compensation as possible.

Either way, we will not ask you for any money.

 

 

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