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14 March 2014

On what grounds can you make a personal injury claim?

Here are a few guidelines around the grounds for making a personal injury claim

By NEW Statesman

Unfortunately, it’s a fact of life that people get injured every day in many different types of often avoidable accidents at work, home or in the course of going about their normal daily business. As you’re probably aware, if you’ve suffered an injury in an accident which wasn’t your fault, you can make a personal injury claim again any pain and suffering which was caused. You should also be able to claim for any expenses, such as loss of earnings or medical costs.

Research from YouGov shows that one in four of us have suffered from some kind of accident in the course of the last five years, but only 20% of those have gone on to make a personal injury claim. The YouGov survey shows that people’s knowledge of the world of compensation can often be a little sketchy, with people unsure of the facts on personal injury claims. The main reason respondents gave for not pursuing a personal injury claim is that they deemed their own injury to be ‘not bad enough’ to warrant a claim, but often these cases could be in line for compensation.

Could you make a claim?

To make a personal injury compensation claim, you must prove that your injury, illness or disease was caused by negligence on the part of another party. This could be your employer, another driver or your local council. Once you’ve decided to make a claim, you should appoint an accident solicitor who will help you compile evidence and will make your case to the third party insurers.

Workplace accidents

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If you’ve had an accident at work which is the result of you or a fellow employee receiving inadequate training, a lack of safety equipment or faulty or dangerous machinery, then you will certainly be in line for compensation if you can prove your employer’s negligence.

Another common cause of claims is developing an illness or disease after contact with harmful substances in the workplace. If you have been exposed to harmful substance such as latex or asbestos, and later developed an illness, you can probably make a successful claim for compensation. Accidents at home, car accidents, sports injuries, health issues such as ecoli poisoning and accidents on public transport are all other incidents that you may be able to claim for. For more personal injury information, take a look at the Co-Op website for advice.

When should I make a claim?

You should always make your claim as soon as you are able to do so. Make sure that you report the accident to any appropriate authority, be it your employer, the local council or the owner of the property where the accident took place, as soon as it has happened. Make a note of your accident in any accident book and make sure you take names and addresses of any witnesses. Take photos to demonstrate any hazard or defect that led to your accident and also take photos of any injuries. Remember to use a ruler to show the height and depth of any hazard.

So there are a few guidelines around the grounds for making a personal injury claim. Don’t be afraid to claim for compensation that is rightfully yours. Try to collate as much evidence as you can at the time and then employ a good accident lawyer on your behalf. The process may be much easier than you think.

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