1. What Are Personal Accident Claims?
Personal accident claims are legal requests for compensation made by individuals injured due to someone else’s negligence. These can occur at work, in public places, on the road, or even at home due to faulty products or services. If you suffered physical or psychological harm through no fault of your own, you may be entitled to make a claim.
2. Who Can Make a Personal Accident Claim?
You may file a personal accident claim if:
- You were injured due to another party’s carelessness
- The incident occurred within the last three years
- You can provide evidence linking the injury to the accident
Parents or guardians can claim on behalf of children, and representatives can claim for individuals lacking mental capacity.
3. Common Types of Personal Accident Claims
- Road traffic accidents
- Slips, trips, and falls in public or private areas
- Accidents at work (e.g., manual handling, falls from height)
- Sports and recreational injuries
- Dog bites or animal-related injuries
- Faulty products or poorly delivered services
These accidents often lead to both physical injuries and financial losses.
4. What You Can Claim Compensation For
Personal accident compensation covers:
- General Damages: Pain, suffering, loss of enjoyment of life
- Special Damages: Financial losses such as:
- Medical bills
- Loss of earnings
- Travel costs for medical visits
- Rehabilitation or therapy expenses
- Cost of care or equipment
Keeping all receipts and documentation strengthens your claim.
5. What to Do Immediately After an Accident
- Seek medical attention (even for minor injuries)
- Report the incident to the appropriate authority (employer, property owner, etc.)
- Take photographs of the scene and your injuries
- Collect contact details of witnesses
- Keep a diary of your symptoms, recovery, and impact on your daily life
These steps help build a strong foundation for your claim.
6. The Role of a Personal Injury Solicitor
A solicitor will:
- Assess the validity of your claim
- Handle paperwork and evidence collection
- Communicate with insurers or responsible parties
- Negotiate a fair settlement
- Represent you in court if necessary
Many offer no win no fee services, so you only pay if the claim succeeds.
7. How Long Do Personal Accident Claims Take?
- Simple claims: 3–6 months
- Moderate complexity: 6–12 months
- Complex or serious injury claims: Over a year
Delays may occur if further medical evidence is needed or if the other side disputes liability.
8. Time Limits for Making a Personal Accident Claim
You generally have three years from the date of the accident or the date you became aware of the injury. Exceptions apply for:
- Children (until their 21st birthday)
- People with mental incapacity (no time limit unless capacity returns)
9. Can You Claim If You Were Partly at Fault?
Yes. Under contributory negligence, compensation may still be awarded, but it could be reduced in proportion to your share of the blame.
10. Out-of-Court Settlements vs. Going to Court
Most personal accident claims are resolved without a court appearance. However, if a fair settlement can’t be reached or liability is denied, your solicitor may proceed with court action to secure compensation.
Frequently Asked Questions
What documents do I need to start a claim?
Medical records, witness details, photographs, receipts, and accident reports are helpful in building a case.
Do I need to use a solicitor for personal accident claims?
It’s highly recommended. A solicitor increases your chance of success and ensures fair compensation.
What if the other party doesn’t admit fault?
Your solicitor can gather further evidence, consult experts, and negotiate or pursue court proceedings if needed.
Can I claim for emotional trauma or PTSD?
Yes. Psychological injuries can be included as part of your personal accident claim.
What if I have a pre-existing condition?
You can still claim if the accident worsened your condition. The compensation will reflect the aggravation of your health.
Will making a claim affect my job?
Employers cannot legally retaliate against employees for making legitimate personal injury claims.
Leave a Reply