Today’s standard is working in a safe environment that prioritizes employees’ health and well-being. Businesses are increasingly focused on providing safety and wellness programs, removing any hazards as soon as they arise, and protecting their workforce at all costs. The Health and Safety at Work Act obligates business owners to abide by the existing rules, do everything reasonably practicable to protect employees, and ensure the well-being of individuals outside the work setting, like public members, contractors, and visitors.
However, failure to comply with the rules often happens in businesses, accidents can happen while shopping in a brick-and-mortar store, and the possibility of experiencing a mishap on the streets is not excluded. Accidents and injuries of varying severity can happen anywhere, making victims wonder what criteria they should meet to claim compensation and improve their chances of success.
As you’d likely bet, not every accident can qualify for a claim, regardless of damage. For instance, when no one is to blame for the incident, no one can be held responsible for it.
If you are dealing with an accident resulting from someone else’s breach of duty of care, then you are in the right place to determine whether you can claim compensation for the harm and costs sustained.
Understanding the stage-by-stage process of making a claim
Claiming if you’re injured due to someone else’s fault is the right course of action to minimize some of the impacts suffered, at least financially. The process might seem daunting and challenging, but no one encourages you to get through it alone. If you want the best results from your compensation claim, working with a solicitor specializing in similar cases with the experience and knowledge to take your case to the next level is recommended. A similar practice may be avoided by several victims who think that resorting to their resources is the best way to save costs and further minimize the financial impact. But this is a common misconception that necessitates clearance. According to specialized solicitors from www.personalinjuryclaimsuk.org.uk, clients are provided services under a No Win No Fee Agreement that’s created to protect their financial health, meaning that they only need to pay a fee in the form of a percentage if the lawyer wins their case. In the event of an unsuccessful outcome, no work-related expenses are imposed on the client.
Making a claim is as quickly done as it’s said with a reliable solicitor on your side. So, how is the process carried out?
First, by contacting a personal injury claim solicitor, you can gain better insight and know where you stand legally, weighing your winning chances more accurately. It’s recommended to be as transparent as possible in sharing the details of the accident, like how it happened, the context, who you deem at fault for it, and other essential questions. If the solicitor approached considers you have a chance to win, they will take your case and do their best to win it, so at that point, you can rest assured knowing you’re closer to arriving in the position you were in should the accident have been prevented.
After calling it a deal, your personal injury claim solicitor will work through the stages depending on the severity of your injury. Some of the common steps involve the following:
• Determining who is at fault for the injury
• Gaining as much evidence as possible
• Assessing the severity of the injury
• Planning rehabilitation or medical care
• Reviewing the recovery process
• Determining a compensation amount
• Finding the best possible settlement
• Establishing the compensation payment.
Evidence is a critical asset in a claim, so make sure you’re catching everything that can prove you are a victim to get the most out of your case.
For a viable claim, you must prove someone else’s negligence is at fault
To be eligible to make a claim, it’s not enough to go through an accident and be left with scars, burns, or all sorts of injuries. It’s critical to prove somebody else should have protected you but failed to act accordingly.
Here’s a thing: sometimes, no one is at fault for the accident sustained. When no one can be found guilty for the mishap, no one can be held responsible and pay your compensation.
Most cases must be settled within three years after the accident
Most of the time, personal injury victims have three years from the accident date to file a claim and seek compensation. If you sustained an injury because of an incident up to three years ago, you may be eligible to claim compensation should you have proof and a good lawyer. However, immediately reaching out for legal advice is the best way to make it a case and get the right amount you deserve. Evidence can get stolen or damaged in time, jeopardizing the process and your winning chances.
What to do when you’re unsure whose fault the accident is
In some cases, more parties are responsible for an accident, and even you can be at fault. If this is the case and you can split the guilt with another person for going through the accident, you may be associated with contributory negligence. This legal aspect doesn’t mean you become ineligible to make a claim. You may still be within your rights to kick in the procedures; the only thing is that a certain amount of the compensation received will be taken out to account for your part of the guilt that led to the outcome. A typical example of contributory negligence is a driver involved in a car accident whose injuries are more significant because they were not using the seatbelt. In this case, even though the driver can’t be held liable for the accident, they bear some guilt as their inaction of wearing the seatbelt aggravated the injury.
Making a personal injury claim can seem daunting at the beginning, but opting to work with a specialized solicitor can improve the chances of success while easing the bureaucratic processes so that you can avoid the related unavoidable stress. Reach out to an expert lawyer to gain insight into the case and see if it stands a chance of winning.
