Road accidents in the UK unfortunately remain a common occurrence, and in the event of a serious injury, understanding your legal rights and options for claiming compensation can be paramount. This comprehensive guide will provide you with urgent guidance on navigating the complex process of making a serious injury claim in the UK. We will also highlight how you can start a road traffic accident claim.
Understanding the Legal Landscape in the UK
The UK operates under a fault-based system for road accident claims, meaning that to make a successful claim, you must establish that someone else’s negligence caused your injuries. This could be another driver, a cyclist, a pedestrian, or even a local authority responsible for maintaining the roads.
In the UK, several legal frameworks govern road accident claims. The most relevant one is the Road Traffic Act 1988, which sets out the rules of the road and the duties of drivers. Other relevant laws include the Highway Code, which provides guidance on road safety, and the Occupiers’ Liability Act 1957, which covers accidents on private property.
Urgent Steps to Take After a Serious Road Accident
In the immediate aftermath of a serious road accident, several crucial steps should be taken:
- Seek medical attention: Your health and well-being should be your top priority. Even if your injuries don’t seem severe, it’s important to get checked by a medical professional to rule out any hidden or delayed-onset injuries.
- Report the accident to the police: It’s mandatory to report any road accident resulting in injury, death, or significant damage to property. The police report will be crucial evidence in your claim.
- Gather evidence: Collect as much information as possible at the scene, including the names and contact details of witnesses, photographs of the accident scene, and any relevant dashcam footage.
- Seek legal advice: Consult a personal injury solicitor as soon as possible. They will guide you through the claims process, gather evidence, and negotiate with the other party’s insurance company on your behalf.
Determining Liability and Gathering Evidence
To establish liability in a road accident claim, your solicitor will need to prove the following:
- The other party owed you a duty of care: This is usually a given in road accident cases, as all road users owe a duty of care to others.
- The other party breached their duty of care: This means they acted negligently, for example, by speeding, driving under the influence, or failing to observe traffic signals.
- The breach of duty caused your injuries: This requires establishing a causal link between the other party’s negligence and your injuries.
Your solicitor will gather various pieces of evidence to support your claim, including:
- Police reports
- Medical records
- Witness statements
- Expert reports (e.g., from accident reconstruction specialists or medical professionals)
- Photographs and videos of the accident scene
- Dashcam footage
Types of Compensation Available for Serious Injury Claims
If your serious injury claim is successful, you may be entitled to several types of compensation:
- General damages: This compensates you for the pain, suffering, and loss of amenity caused by your injuries. The amount awarded will depend on the severity and impact of your injuries.
- Special damages: This covers any financial losses you’ve incurred as a result of the accident, such as medical expenses, lost earnings, rehabilitation costs, and travel expenses.
- Future losses: If your injuries have a long-term impact, you may be able to claim compensation for future losses, such as ongoing medical treatment, loss of future earnings, and the cost of adapting your home or lifestyle.
Time Limits for Making a Serious Injury Claim in the UK
In the UK, there are strict time limits for making a personal injury claim. Generally, you have three years from the date of the accident to initiate legal proceedings. However, there are exceptions to this rule:
- If the injured person was under 18 at the time of the accident, the three-year period starts running from their 18th birthday.
- If the injured person lacks mental capacity, there may be no time limit for bringing a claim.
- In the case of a fatal accident, the family of the deceased has three years from the date of death to bring a claim.
Making a Road Traffic Accident Claim with National Claims
At National Claims, we understand the profound impact that road traffic accidents can have on your life and the lives of your loved ones. If you have been injured in an accident caused by another driver’s negligence, whether it be due to fatigue, distraction, or recklessness, we are here to help you seek the justice and compensation you deserve.
Free Consultation
We recognise that every road traffic accident case is unique, and we’re here to offer you a free, no-obligation consultation to discuss your specific situation. During this consultation, we’ll listen attentively to your experience, gather relevant details about the accident, and assess the potential strength of your claim.
Our team will then connect you with a qualified solicitor from our panel who specialises in road traffic accident claims, ensuring that you receive the expert legal representation needed to pursue your case effectively.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
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Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
I was very impressed at the way my inquiry was treated. I was listened to attentively and everything I needed to know was explained to me.
