So, you’ve been injured in an accident, and don’t know what to do next. You want to make a claim, but what are the common mistakes that people make, and how can you help your solicitor to give yourself the best chance of recovering compensation?
You don’t report the accident
This is a common one. Many people don’t realise the severity of an injury at first and think that they will “shake it off” or that they’ll be okay in a few days if they just rest up. The embarrassment factor also comes into play here, particularly in the case of accidents such as falls in a public place. We all know that you might just want to get up and get out of there instead of making a fuss. Don’t do this. If you have fallen on property or in a public place due to a hazard, then you need to let the person or organisation responsible for that land or building know about it. If you can’t complete an accident report at the scene, then send an email or report an incident online as soon as possible. If you report an incident by phone, then get the name of the person that you are speaking to and get a complaint or incident number. The injury might be a lot more serious than you think, and if you wait days, weeks or even months to report it, then important contemporaneous evidence might be lost. If possible, ask for a copy of the accident report. It relates to you, after all, so you should be entitled to request a copy of it.
You don’t gather evidence
This could be the difference between being successful in your claim or not. The more key evidence that you can supply to your legal representative, the better. If you can take photographs at the time of whatever has caused your injury, then do so. Almost everyone has a decent camera on their mobile phone now, or knows someone who has, so aim to take photographs either at the time or within a few days. An example of this is someone who has fallen on a flagstone on a pavement, that is sticking up. Take photographs with a measurement if possible. If you don’t have a tape measure at the time of the fall (who does?), then use a coin against the side of the defect, or a bank card.
Make sure you get the names and contact details of any witnesses to the accident, including work colleagues, bystanders, supervisors etc.
Check if there are cameras where the accident has occurred and, if this has happened at work, ask a supervisor in writing if this can be retained. If you have had an accident in a public place, then check for in-house cameras, or nearby CCTV, and ask in writing for this to be retained.
You don’t seek medical attention
This goes back to my earlier point about maybe not realising the severity of your injury. Contemporaneous (independent) evidence of injuries is crucial to a successful personal injury claim. How can you prove that you have been injured? By seeking medical attention. Even if you can’t face a wait at the local A&E department – although you MUST always go if your injury warrants this – then go to see your GP and ask their advice on how the injury can be treated. If you can, ask your GP or the clinician to read back their notes to you, so that you can make sure that the accident circumstances and injury have been recorded correctly.
Not keeping evidence of losses
In nearly all personal injury claims, there may be an element of loss, which are separate to injuries. This might be loss of earnings due to having to take time off work to recover from your injuries, travelling expenses to and from medical appointments, the cost of prescriptions or over the counter-medications. You can also claim for having to replace items damaged in an accident, or not being able to go to a pre-booked event etc. These are just a few of the potential losses that you might incur after an accident. If you can, please remember to keep receipts for items purchased or replaced, or parking tickets. If possible, pay for things by card so that your bank will have a record of any transaction.
In order to bring a successful claim for compensation for personal injuries, you have to prove negligence and a breach of duty towards you. However if you remember the above tips in the unfortunate event of an accident, then you can help your solicitor or legal representative to make sure that you have the best possible chance.
If you have been injured in an accident through no fault of your own and you wish to have some advice on whether you can bring a claim, please contact our dedicated personal injury team at Stephensons on 0161 696 6235. Alternatively, fill in our online enquiry form and we will be in touch as soon as possible.
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