Can I Claim Compensation If It Was An Accident?

Many personal injury claims don’t happen because the injured party believes, “it was just an accident”. However, in many situations, companies, organisations and individuals have a legal duty to try and prevent such accidents. In these circumstances, you’d be well within your rights to think about claiming compensation for your injuries. As such, in this article, we’ll look at the types of accidents that could lead to compensation claims and those that wouldn’t.

To take the guesswork out of the claims process, you can speak to us if you’re in any doubt about whether you’re entitled to claim compensation for an accident. We’ll examine your case during a no-obligation consultation and explain your legal options for free. If your case appears to be strong, we may refer you to a personal injury solicitor on our panel. If you both decide to work together, your claim will proceed on a No Win, No Fee basis.

To check if you could claim compensation for an accident, call 0800 652 1345. Alternatively, read on for more information about the claims process.

Tort law in the UK

You may have heard of the word tort when researching personal injury claims. It is a form of law that imposes civil liability on others if they breach obligations placed on them by law.

In relation to accident claims, the tort of negligence means that means there is a duty on others to act in a way (or behave in a way that others would in the same circumstances) to try and prevent foreseeable injuries. That phrase is the key to personal injury claims.

If someone owes you a duty of care, they should try to prevent foreseeable injuries. For example, warning signs should be used if a floor has been cleaned recently as, without them, you could slip and injure yourself.

Conversely, if someone spills their drink in front of you in a shopping centre and you immediately slip on the spillage and injure yourself, the shopping centre’s operator usually couldn’t be held liable for your injury as they would not have had the opportunity to prevent the accident.

Can I claim compensation for an accident?

So, to clarify, you could claim compensation for an accident if:

• You were owed a legal duty of care by the defendant; and
• The defendant’s negligent actions (or lack of action) resulted in an accident; and
• You sustained injuries in that accident.

Typically, you will only receive compensation for the injuries you’ve sustained if you can prove all of the above is true in your case. This means that it’s a good idea to collect supporting proof. Later on in this article, we’ll explain the types of proof you or your solicitor could obtain to improve your chances of claiming compensation.

Can I claim compensation for an accident at work?

Legally, your employer must try to keep you safe while you’re working for them. This means that they need to:

• Conduct regular risk assessments.
• Train you on the company’s safety procedures.
• Provide Personal Protective Equipment (PPE) that is fit for purpose.
• Ensure all equipment, kit and machinery are well maintained and repaired where necessary.

The idea here is to prevent foreseeable accidents at work. As such, if your employer has failed to meet their obligations and you’ve been injured, compensation could be sought for any subsequent suffering.

Can I claim compensation for a road traffic accident?

The law that’s relevant here is the Road Traffic Act 1988. It means that all road users (from pedestrians through to lorry drivers) have an obligation to try and keep one another as safe as possible. As such, you could lodge road traffic accident claims due to:

• Speeding or dangerous driving.
• Recklessness or road rage.
• Drug or drunk driving.
• Carelessness i.e. using a phone or satnav while driving.
• Failing to adhere to road signs or signals.

If you were partly to blame for a car accident, you could still be entitled to claim compensation. For example, if you and another car reversed into each other when leaving a car park, it may be possible to pursue a split-liability claim. If this happens, your level of blame would be determined i.e. 30% and then any compensation would be reduced accordingly.

Can I claim compensation for an accident in a public place?

You can claim compensation for accidents in public places if the operator of the place breached their duty of care according to the Occupiers Liability Act 1984. This means that reasonable steps must be taken to try and keep the place as safe as possible for anyone who has the legal right to be there.

For example, you could claim if you:

• Cut yourself on a broken chair.
• Were scalded because by a faulty vending machine.
• Slipped on a wet floor caused by spillages that hadn’t been cleared up.
• Fell down the stairs because of a loose handrail.
• Tripped on something that was difficult to see because of poor lighting.

Public place injury claims could be possible if you had an accident in a gym, library, train station, hospital or even whilst walking on a public footpath.

For more information on claiming compensation for any type of accident, please call our team today.

How much compensation can I claim for an accident?

If you’ve had an accident and claim compensation, the settlement amount you’ll be paid if the claim is won will be determined by financial, physical and psychological suffering. Each case is unique but a compensation payout could consist of elements covering:

• Any pain, discomfort or other forms of physical suffering.
• The cost of a carer if needed.
• Emotional distress and other forms of psychological suffering.
• Rehabilitation and medical costs.
• Lost earnings.
• Travel costs.
• Mobility aids and the cost of altering your home to help you cope with disabilities.
• Future loss of earnings.
• Personal property replacement costs.
• Loss of amenities if the accident stops you from enjoying your normal activities.

To ensure a comprehensive understanding of the injuries you’ve suffered, your solicitor will arrange an independent medical assessment for you.

Providing proof you were injured in an accident

Based on the criteria for claiming compensation for an accident that we described earlier, you’ll need to prove that you’ve been injured in an accident caused by someone else’s negligence. This will require proof. This could include:

• Medical records. It’s important to clarify the extent of your injuries. One of the best ways to do so is for your solicitor to obtain medical records, test results, X-rays and scans from the hospital where your injuries were treated.
• Accident report forms. If you were injured in a public place or while you were at work, there should be an entry in an accident report book about the incident. A copy could be used to help confirm when and where you were injured.
• Photographic proof. It’s possible to work out how the accident happened and who caused it by using photos from the accident scene. Ideally, these will demonstrate what caused the accident if they were taken before anything was removed from the scene.
• Witness statements. Using witnesses is a good way to clarify how the accident occurred (and to confirm that it happened). For this reason, your solicitor may collect witness statements to support your case.
• Video footage. Another way of proving how your accident occurred is to submit video footage of the incident. This can be in the form of CCTV, dashcam, mobile phone or body-worn camera footage.

You may also wish to submit financial proof if you’ve been left out of pocket because of your injuries. If your case is taken on, your solicitor may use any proof you’ve supplied along with further information if it’s needed to support your claim.

How long do I have to claim compensation for an accident?

The Limitation Act 1980 sets a 3-year time limit for personal injury claims here in the UK. If you sustained injuries that were obvious immediately, the time limit begins on the date of your accident. Otherwise, the 3 years start from your date of knowledge (when your doctor diagnosed your injuries for example).

If you’re claiming compensation for an accident on behalf of a child, the time limit won’t begin until they turn 18 years of age. As such, it’s possible to begin a claim on their behalf any time before then.

Usually, we’d suggest that you contact us as soon as you can after your accident. This should give us plenty of time to assess your case and for your solicitor to search for the proof needed to support your claim.

No Win, No Fee claims

It is our belief that personal injury claims for an accident are more likely to be won if a personal injury solicitor is involved. Also, we believe that the legal skills and expertise of a specialist solicitor could lead to higher compensation amounts being awarded.

Our solicitors realise that no one wants to stump up money in advance of a personal injury claim so they offer to manage all accepted claims on a No Win, No Fee basis.

If your claim is accepted, you’ll be sent a Conditional Fee Agreement (CFA) to read and sign. This document clarifies that:

• There are no upfront legal fees payable.
• If your claim doesn’t work out, you don’t pay any legal fees.
• Should you be compensated, up to 25 per cent of your award will be retained by your solicitor (a success fee).

The success fee percentage you’ll pay will be clear from the outset as it’s listed in your CFA. It is used to cover the cost of your solicitor’s efforts.

After you’ve returned your signed contract, your solicitor will:

• Work on securing proof and medical files to support your case.
• Let the defendant know about your claim.
• Handle all negotiations and communications with the defendant’s insurers.
• Be available to deal with any questions you have and provide regular updates.
• Aim to ensure that you are fully compensated for any suffering you’ve endured.

Please call if you’d like to know whether you could claim compensation for an accident with a No Win, No Fee solicitor.

Start a compensation claim for an accident today

We’re here to help if you believe you should be compensated for an accident that was not your fault. You can ask our advisors questions about your claim by calling 0800 652 1345.

During your call, your chances of being compensated will be reviewed and your legal options will be explained. If you decide to take action and a personal injury lawyer on our panel is able to represent you, they’ll manage your claim on a No Win, No Fee basis.

Please use live chat to connect with us if you have any further questions about claiming compensation for an accident, or claim your free consultation here.