Most people in the UK are aware that they have a right to file a personal injury claim for compensation if they get injured in an accident that was not due to any fault of theirs. However, the one thought that holds many victims back is their likelihood of winning. Do you have a good chance of winning your case and getting compensated for your injuries?
The thought that there is a possibility you could lose the case can be scary. Filing a case in court in many circumstances is neither cheap nor easy. First you have to spend hours gathering whatever evidence you can and getting in touch with witnesses to obtain their statements. When you’ve got it all ready, you will have to pay a certain amount in court fees. If, after all of this, you lose the case, it can really hurt.
Under the circumstances, how do you determine your chances of success and decide whether or not you should go ahead and file the claim for compensation?
Understanding what you need to do to increase your chances of success can help you make a more informed decision.
Requirements For Filing A Successful Personal Injury Claim
In order to make a successful personal injury claim and receive compensation, you must be able to prove the following:
- Your injuries were caused as a result of that particular accident.
- The accident was caused because of somebody else’s negligence or mistake.
These two clauses may sound simple but proving them in court can be complicated, especially when you consider that in most cases, the defendant will refute all charges and plead innocent. For your case to be successful, you must be able to prove without any doubt that the defendant is to blame for the accident and your injuries.
Some things you can use as evidence to build and strengthen your case include but is not limited to:
- Photographs of the scene of the accident.
- Photographs of your injuries.
- A police report in case of any type of road accident.
- A report in the log book in case of an accident at work.
- Medical report by the doctor who attended to your injuries along with a copy of all prescribed tests and treatments carried out.
- Statements from people who witnessed the accident – this could be bystanders in a road accident or co-workers in the work place.
How Likely Are You To Win If You Can Provide All Of The Above Evidence?
Even if you can furnish all of the necessary evidence, you might find it exceedingly difficult to win a personal injury claim on your own, without have any legal representation. There are several reasons why this may happen.
Firstly, the defendant is likely to have their own solicitor who you will be up against should you decide to file the case on your own. If you were injured in a road accident, you will be fighting against the insurance company’s lawyer and not the vehicle driver.
If you are injured in a workplace accident, your fight could be against the company’s legal department or an experienced lawyer who represents the company. These defence lawyers are likely to be at the top of their game and prepare strong rebuttals proving that their client was innocent. Unless you have extensive knowledge of personal injury law and also how to argue your case in court, your chances of winning a claim could be slim.
Secondly, there is a statute of limitations for filing claims for compensation. In most cases, the case must be filed in court within 3 years of the accident. In some cases, such as mesothelioma claims, the case must be filed within 3 years from the time your condition was diagnosed. While this may seem like ample time, you should not make the mistake of underestimating the amount of time it can take to put together the facts of the case.
All of this might have to be done while also tending to your injuries, earning a living and caring for your family. It can become overwhelming at some point and if you don’t file your case in court within the 3 year limit, you risk losing out on any compensation whatsoever.
One Thing You Can Do To Increase Your Chances Of Success
Hiring an experienced personal injury solicitor could be the single best thing you can do to increase your chances of winning your personal injury claim for compensation.
When you hire an experienced personal injury solicitor like ours are, you will get the best possible advice about how to proceed with your case. Your solicitor will tell you what you need to submit as evidence. If you did not gather any evidence at the time of the accident, you will get advice as to how you can still do this even after the accident.
With a solicitor representing you, you don’t have to be intimidated at the thought of facing off with defence lawyers personally or about finding time to file and fight the case while also attending to your other personal and professional commitments. Our injury solicitors will handle all of this for you.
The biggest advantage of hiring a personal injury solicitor is that you benefit from their legal expertise without having to pay any money upfront or at any point while the case is in process. If our solicitor appointed to your case feels that you have a strong case, they will help you get the compensation you deserve on the basis of a No Win No Fee agreement. This is an agreement that states that we will put the case together on your behalf and even represent you in court without any fee payment at any point. If the case is successful and the court awards you compensation, a set percentage of the amount awarded will needed to be paid as legal fees. Please feel free to ask anything at all you’d like to know about our fee before deciding one way ot the other if you’d like us to handle your claim.
The arrangement is perfect for you if you are hesitant to file a compensation claim because you are not sure of your chances are winning. With the right personal injury solicitor representing you, your chances of winning will shoot up instantly.