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Can I make an accident claim?

In order to make a successful accident claim, you need to be able to prove that you have been injured as the direct result of something another person (or organisation) did (that they shouldn't have done), or didn't do (that they should have done).

Proof is often the critical factor in personal injury compensation claims. It may be easy to prove that you are injured, but proving that another person (or organisation) was legally responsible and that they failed in that responsibility, is not always as straightforward as it may seem. Often, with no other evidence than the injury, with both parties disputing the other's version of events, and no witnesses, a claim can come down to one person's word against another's.

There are three simple facts that need to be established to determine if you have a valid compensation claim:

Someone had a legal responsibility for your welfare (this is called a 'duty of care')
He or she failed to meet that responsibility (they were 'negligent')
You suffered a personal injury as a result

Duty of care
This can be defined as a legal responsibility placed on a person or organisation to do everything reasonably practicable to protect others from harm. For example, a car driver has a duty of care to other road users. An employer has a duty of care to its staff. A retailer has a duty of care to the people who visit its stores.

Negligence
Duty of care is limited to behaviour that is considered reasonable. Individuals have to take some responsibility for their own personal safety and wellbeing, and to be aware of potentially hazardous situations.

It is the responsibility of the person making the claim to prove that the person who they feel is to blame for the accident had a duty of care, and that they failed in that duty.

Evidence that can be used to prove negligence may include:

Witness statements
Maintenance records
Training records
Medical records
Employment records
Photographic and video evidence
Invoices, estimates and receipts
Police reports

Were you injured in the accident?
Even if you can prove that a person or organisation had a legal duty of care to you, and that they were negligent in that duty, to make a successful accident claim, you have to have suffered a ‘loss’ as a consequence. A loss in legal terms includes a personal injury, damage to your possessions, or a financial loss.

Despite some ‘near-miss’ accidents being traumatic experiences, you can’t claim compensation in the UK for an accident, or loss, that nearly happened. You can only make an claim if you have actually been injured or suffered a loss as the result of someone else’s negligence.

Free legal advice
If you have been injured in an accident as a result of someone else’s negligence, do take advantage of our free legal advice service. Even if you’re not sure whether you want to make a claim, we’ll tell you everything you need to know about making an accident claim, to help you make the right decision.

From the minute you contact us our service is totally cost free. We never take a penny from our customers, and unlike other companies, nor do we make any deductions from our customer’s compensation. See No win no fee, for more information about our service.

Call us now on 0800 10 757 95 , and we’ll tell you everything you need to know about making an accident claim.

For more information see:

Personal injury solicitors
Successful compensation claims
Types of accidents