Being hit by a car in Newcastle, or anywhere else, is a terrifying and potentially life-altering experience. The physical and emotional trauma, coupled with financial burdens from medical bills and lost wages, can leave you feeling overwhelmed and unsure of your next steps. Amidst the chaos, one crucial question often arises: “Can I claim compensation?”
The answer, in many cases, is yes. If you’ve been hit by a car in Newcastle and the accident wasn’t your fault, you may be entitled to make a personal injury claim. This article will guide you through the essential aspects of such a claim, from understanding the legal framework to seeking professional assistance. We will also highlight how you can start a road traffic accident claim.
Understanding the Legal Framework
In the UK, the legal framework for personal injury claims following road traffic accidents is primarily governed by the Road Traffic Act 1988 and the Civil Procedure Rules. These laws outline the procedures for making a claim, the criteria for establishing liability, and the types of compensation you may be eligible to receive.
Establishing Liability
The cornerstone of any successful personal injury claim is establishing liability. In simpler terms, this means proving that the accident was caused by someone else’s negligence or recklessness. This could be the driver of the car that hit you, a pedestrian who stepped into the road without looking, or even the local council if the accident was due to poorly maintained roads or inadequate signage.
Gathering evidence is crucial in establishing liability. This could include:
- Witness statements: Accounts from people who saw the accident can be invaluable in corroborating your version of events.
- Police reports: If the police were called to the scene, their report will likely contain important details about the accident.
- Medical records: Your medical records will document the extent of your injuries and the treatment you received, which will be crucial in determining the amount of compensation you may be entitled to.
- Photographs and CCTV footage: Any visual evidence of the accident scene, the vehicles involved, and your injuries can significantly strengthen your claim.
Types of Compensation
If your claim is successful, you may be entitled to two main types of compensation:
- General damages: These compensate you for the pain, suffering, and loss of amenity (the impact the injury has had on your quality of life) you’ve experienced due to the accident. The amount awarded will depend on the severity of your injuries and their long-term impact.
- Special damages: These cover any quantifiable financial losses you’ve incurred due to the accident, such as medical expenses, lost earnings, travel costs to and from medical appointments, and any necessary home modifications or care costs.
Time Limits for Making a Claim
It’s essential to be aware of the time limits for making a personal injury claim. In general, you have three years from the date of the accident to initiate your claim. However, there are exceptions to this rule, such as:
- If the injured person is a child: The three-year time limit doesn’t start until the child’s 18th birthday.
- If the injured person lacks mental capacity: The time limit may not apply if the person is unable to understand the nature of their claim due to a mental disability.
The Importance of Early Action
The sooner you seek legal advice after being hit by a car, the better. Early action allows your solicitor to gather evidence while it’s still fresh, identify and contact witnesses, and ensure your claim is filed within the statutory time limits. Delaying your claim could weaken your case and jeopardize your chances of receiving the compensation you deserve.
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.
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.
