STEP ONE - AM I IN A POSITION TO MAKE A CLAIM?
To be able to make a claim you need to be able to answer 'YES' to ALL of the following questions:
- Have you been injured in an accident?
- Do you think that somebody else may have been responsible for the accident?
- Did the accident occur in the last three years or are you under 18?
Have you been injured in an accident?
Please see below for some of the common accidents that you will be entitled to claim compensation for.
Road Traffic Accident
You are entitled to make a claim if you have been injured on the road and the accident was caused by somebody else. You can claim compensation for injuries if you were driving a vehicle (including motorbikes and scooters), were a passenger in a vehicle (including motorcycles, scooters, buses), were a cyclist or pedestrian. You may be able to claim compensation if the driver responsible for the accident was uninsured or untraced.
Accident at Work
Every employer has a legal duty to ensure that they provide a safe working environment for their employees. This includes: a safe place in which to work, adequate training on equipment and procedures and adequate supervision for individuals. Employees must also ensure that work colleagues are adequately trained and safe to work with, and that materials or equipment provided is safe. If you feel that your accident is due to your employers negligence then you may have a claim.
Trips and Falls
When you are on a piece of land, it is the landowners legal duty to ensure your safety. If the landowner has not taken reasonable steps to ensure your safety when on their property, you may be able to claim compensation from them. If your accident occurred on a defective road, pavement or public path, you could make a claim against the local highway authority. If you accident occurred in a supermarket, shop or on private land, you could seek compensation form the supermarket, shop or landowner.
Accident Abroad
You may be able to claim compensation for your accident if it occurred outside the UK. If you went on a package holiday you can claim compensation from the tour operator if the accident occurred whilst on the accommodation premises or whilst you were participating in an activity organised by them. This includes accidents occurring during travel, within your accommodation or incidents that occurred on excursions and activities such as day trips or hand-gliding lessons. It also includes food poisoning as a result of unhygienic food preparation. Tour operators are not responsible for accidents that occurred away from their supplied accommodation or on activities or excursions that they did not arrange for you. However, you may still have a claim and this will be dependant on local law and the country in which in the accident occurred.
Is somebody else responsible?
In order to claim compensation somebody else must be responsible for your accident. Somebody may be directly responsible for your accident, for example, somebody drove their car into your car and you suffered injuries as a result. Somebody may also be indirectly responsible for your accident, for example, an employer may have failed to provide you with protective gloves or goggles and you suffered injury or a council may have failed to maintain a pavement and you tripped over a raised paving slab.
Did the accident occur in the last three years or are you under 18?
If your accident occurred within the last three years and you have answered yes to the above questions then you may well have a claim. The time period for making a claim in the UK if you are over 18 years of age is three years although this does not mean that you cannot claim compensation if you want to claim outside this time period. The Court has a discretion to waive this time period in certain circumstances and we will be able to advise you on your specific circumstances. If you are under the age of 18 then you have until the age of 21 in which to make a compensation claim. If you are under the age of 18 it is always advisable to begin to progress your claim as soon as possible and not to wait before doing so.
If you can answer YES to the above three questions then please proceed to Stage 2. If you are unsure whether somebody else is responsible or have any other queries then please submit the claim details form and our solicitors will advice you whether you have a claim. This service is cost free and with no obligation.
Next - Step 2 >>
Do you require free legal advice on your accident claim? Call freephone 0800 0431061 to speak to a specialist solicitor