Accidents happen all the time; occurring through personal fault, or as a result of others’ actions, they are a common factor of everyday life. Just look at the statistics: every year, according to the Citizens Advice Bureau, around 2.5 million people in the UK suffer from accidents. As a consequence, it says, one may experience fundamental lifestyle changes through either loss of independence or income.
Work-related incidents often arise because of a breach of health and safety regulations, designed to make work, and the workplace, a safer place. For example, where a person has slipped due to a wet floor that was not properly signposted as such, or where they have fallen off a ladder that had a faulty rung.
Similarly, accidents that happen in public places, such as tripping over a loose paving slab or being involved in a road traffic accident (RTA) that was someone else’s fault, can leave a person with severe injuries. Both physical and psychological side-effects can result, and can cause a person to lose out both financially and emotionally.
Under English and Welsh law, the party accountable for the accident must compensate the wronged person for any loss. Usually, and if successful, financial compensation is paid out to the injured party once they have made an injury claim, often through a solicitor. It is therefore important to know your legal rights, and to ensure you follow the right steps to claiming any compensation owed to you.
Before making an injury claim in the UK, there are a number of considerations you must take into account. Firstly, it is very important to report the incident to the appropriate body. If, for example, you have been involved in and injured an RTA, it is a legal requirement that you must notify the police and your insurance company. However, if it was a work-related incident, then your employer should be informed so that a record of the accident can be logged. It might also be worthwhile visiting your doctor so they have a record of any resultant physical or psychological conditions, although this is not necessary to make a claim.
Additionally, and if possible, you should try and gather evidence at the scene of the incident – i.e. photographs, a written account of what happened, names and contact details of others involved – to aid you in your claim.
There are three types of compensation you can apply for: general damages, special damages and future losses. General damages can include payment for pain and suffering, whereas special damages are paid for the actual financial loss, such as medical expenses or damage to personal effects, as a result of the accident.
Nowadays, the most common way to make an injury claim is through Conditional Fee Agreements, commonly known as no-win no-fee deals: first seen in the UK in 1995. As the name implies, your legal representative will only receive payment if your claim is successful. These fees are paid by the other party. If your claim is not successful then your legal representative will not get paid at all. Therefore, if you have a claim, do not hesitate to ask for legal advice to seek out the compensation you deserve.
Disclaimer: Matthew Pressman writes for a wide variety of commercial clients. This article is intended for information purposes only and readers should seek additional information before taking any actions based on its content.
