Winning Your Personal Injury Claim: What You Need to Prove

You may already be aware that if you have an injury that was not your fault you have the right to make a claim for compensation for your injury. Every year, tens of thousands of people make personal injury claims, but not every claim is successful. A lot of people are unaware that there are time limits and specific requirements that must be met in order to make a claim and to stand the chance of being successful. For that reason it is essential that you get expert advice from a specialist firm of lawyers.

If you’re thinking about making a personal injury claim but are reluctant to start the process for fear of losing your case, keep reading. In this blog, we’re going to detail the requirements you must meet to be successful with your claim, as well as how to start the process and what to do if you’re unsure if you can meet the criteria set out. 

Personal Injury Claims: The Basics

Let’s start with the basic points surrounding a personal injury claim. In order for a claim to be considered a personal injury, you must have incurred an injury or illness as a result of someone else’s negligence. You can also make a personal injury claim if an injury or illness was made worse at the hands of a third party.

The aim of personal injury claims is to hold the responsible person or institution to account, and ensure you receive compensation to account for loss of earnings and additional care needs that may have accrued as a result of your injury or illness. How much compensation you may be entitled to is unique to your personal injury case, but a personal injury lawyer should always seek to get the maximum needed to cover your medical bills and to account for the impact the accident has had on your life.

There are multiple types of personal injury claims, including:

At OH Parsons, we are experts in all aspects of personal injuries. We have dedicated teams who specialise in areas such as medical negligence and serious injuries, ensuring you are represented by the right personal injury solicitor who can offer the correct level of assistance to make a successful claim.

Who Can Make a Personal Injury Compensation Claim?

Anyone who has been injured at the hands of someone else can make a personal injury claim. If someone you know has been injured but is unable to make the claim for themselves, either because their injuries prevent them from doing so or because they’re too young, you can make a claim on their behalf.

When Can Claims be Made?

You have three years to make a personal injury claim. The three years begins from either the date at which the injury or illness occurred, or the date at which you became aware that your injury or illness was the result of negligence (often called the ‘date of knowledge’). Personal injury solicitors won’t take on your case if you’re beyond the three-year threshold.

What Do You Need to Prove?

There are a number of things that claimants must be able to prove if their personal injury claim is to be successful. Knowing exactly who is responsible is one of them, however sometimes that is not as straightforward as it sounds. For example, if you had an injury that was sustained as the result of medical negligence but you were under the care of multiple medical professionals, you might be unsure who exactly is responsible for your injury.

This is why it’s important to find a personal injury law firm with experience relevant to the type of claim you’re making. Our medical negligence lawyers have the expertise and experience to be able to help you pinpoint who is responsible for your injury and whether or not a medical negligence claim is likely to be successful.

Aside from this, depending on the type of injury you’re looking to claim for, you may need to prove that:

  • The person or organisation who caused your injury had a duty of care towards you (e.g. an employer has a duty of care to you, as does a doctor or a local authority)
  • The person or organisation who caused your injury breached their duty of care
  • Your injury or illness is a direct result of the breached duty of care
  • It was foreseeable that an injury or illness could be caused by breaching the duty of care

As an example, if you work with chemicals, your employer must ensure you have access to the correct personal protective equipment (PPE) to prevent eye and skin injuries. If you arrive at work and there is no PPE but your employer tells you to do your job as normal and you incur a skin or eye injury, you could claim compensation. This is because your employer has a duty of care to ensure you can do your job safely, and failure to provide you with PPE is a prime example of them breaching their duty of care and showing a disregard for your safety.

Collecting Evidence

In order to strengthen your claim, you will need relevant evidence to bring against the person responsible. This could include:
  • Witness accounts from anyone who was around at the time of the accident
  • Medical records
  • Photographs of your injuries
  • CCTV footage from the scene
  • Accident logs (e.g. a log of the accident in the accident book at work, or a police report in the case of a car crash)

Our specialist lawyers have decades of experience between them in making sure that the correct evidence is identified and collected which can be essential to proving your claim. You will also need our specialist legal advice to secure a compensation settlement. In most cases you will be facing very experienced lawyers on the other side acting for the insurers, whoever you are pursuing a claim against. Most companies have legal teams, as do medical organisations and insurance companies. Without legal representation and a good knowledge of the law, you might find yourself struggling to win your case, even if you have lots of evidence. 

Choosing a Personal Injury Lawyer

There are lots of personal injury law firms for you to choose from, but not all are the same. At OH Parsons, we have been helping people win personal injury claims for over 70 years, making us among the most experienced in the field. Our team of lawyers are specialised and highly experienced, making them best placed to fight your case. They will work with you to build a strong case of evidence, scouring medical records and helping to identify who exactly is at fault.

We secure tens of millions of Pounds of compensation every year for victims of personal injury and medical negligence which is why large organisations such as unions instruct us to deal with their members’ claims.

We work on a no win no fee basis which means if you lose your claim, we won’t take a penny from you. We know that choosing to make a claim for personal injury can be incredibly distressing and overwhelming, and that’s why we will only charge you for our services if we win. Before taking on your case, you will have a free initial consultation with a personal injury solicitor to determine the basic facts of your situation, and we will advise you whether we think you could win and if it’s worth starting the claims process.

Start the Personal Injury Claims Process with OH Parsons

If you want personal injury lawyers who are on your side and who have your best interests in mind, get in touch with us today to discuss your personal injury claim.

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