Before you can say ‘I’ve got a claim – how do I work out what I could be owed’, we need to decide if you do have a valid personal injury compensation claim.
There are certain criteria you need to fit to be able to make a claim, these being:
- The accident must have been because of the fault or negligence of someone else.
- The accident should have happened within the last three years; unless it was on a ship or plane, then this is reduced to two years.
- The injuries sustained should have been bad enough to require medical attention.
- If you were a minor at the time of the incident, hopefully someone else will have made a claim on your behalf. If they did not, you should make the claim as soon as possible after your 18th birthday.
- If your injuries are the result of a violent crime, the time limit for making your claim is two years.
- If you have contracted an industrial illness, many of which do not manifest themselves for many years, you should make your claim within three years of either the diagnosis, or of when you became aware that you had the illness.
Once it has been established that you qualify to make a claim, other factors need to be considered.
The others factors that need to be considered when I think I’ve got a claim – how do I work out what I could be owed?
The type of injury you have is a big consideration, not just the type but also the severity – will you recover in just a few weeks, or is it permanent and life changing. Some of the more common injuries, all of which vary greatly in their severity, are:
- Broken bones
- Head and brain injuries
- Industrial illnesses and diseases
- Burns and scalds
- Back and spinal injuries
- Facial injuries
- Eye injuries
These are just a few examples; there are many, many more different injuries that could happen to you.
Are we any closer to answering your question, I think I’ve got a claim – how do I work out what I could be owed?
We are part way there, but there are still more things to be accounted for, such as:
- Loss of earnings
- Care costs
- Extra medical expenses
- Travel costs
- Any other cost or loss that is a direct result of the accident and your injuries
We now have all the information we need, but we are sorry to tell you, that even with all of this, the best we can do is estimate the amount you might receive. Most claims are settled out of court after negotiations between the law firm you are using and the guilty parties’ representative. Although all the extra costs are calculated amounts, how much you are compensated for you actual Personal Injury Compensation Claim is open to debate. That depends mainly on how good your representative is, as well as how strong your case is to start with.