If you want to find out if you are eligible to make an injury claim, the best thing to do is call a national helpline for injuries. At such a helpline, you will get to speak with a claims advisor and they will ascertain your eligibility for you. In addition to this, you could find out how much you are entitled to make a claim for and get answers to all of your claims questions.
The factors affecting eligibility
While your eligibility to make a claim really does depend on the nuances of your particular case, there are general factors that affect your ability to make a personal injury claim.
Date of limitation
The first of those factors is your date of limitation, otherwise known as your date of knowledge. This is the date your injuries became clear. For most people, this is the date of their accident however it can be a few weeks afterwards. You actually only have three years from this date to bring a personal injury claim forward. After which, your case becomes time-barred under UK law. This can be extended in certain cases, though, so it’s always best to get legal advice because as we have already said, your case may be different.
How your accident happened
The second factor is how your accident happened. To make a personal injury claim, you can’t be completely to blame for the accident. You can be partially liable, however, and your solicitor will put in a claim for you based on the truth. So depending on the nature of your accident, your solicitor place 100% of the blame on the other party or 75% or 50%. By the same token, the other side can contest 100% liability and offer to settle a claim at 75/25 or 50/50/ If this happens in your case your solicitor will advise you on the best course of action.
Am I eligible to make a claim, then?
So long as your date of limitation is no longer than three years ago and you were only partly to blame for the accident, you will mostly likely be eligible to make a claim. Your solicitor will interview you to ascertain your liability and then your solicitor will organise all evidence to back your claim up. This evidence will include a medical report created by an expert in your injuries, so you will have to attend a medical examination. This will be set up by your solicitor at a time and on a day that suits you and transport can be arranged for you if you so require. With this report, your solicitor will put forward a strong case for compensation.