| Claiming Compensation |
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Making a claim for compensation may not be the first thing on your mind following an accident where you have been injured however if the resulting injuries are the fault of another, you may wish to seek an award of compensation. Most compensation claims are the result of another’s reckless behaviour or negligence when reasonable care is not taken and to secure compensation, the claimant has to prove that reasonable care was not taken as even if the injuries are quite serious or even fatal, compensation will not be awarded unless there is proof of a third party’s negligence to explain the incident. Negligence is where a person or organisation does not take reasonable care when they have a duty to do so and if this causes an accident which results in injury, you may be able to claim compensation. Compensation is a financial award and can be paid for mental injuries as well as physical and can cover all kinds of financial loss such as loss of earnings, damaged clothing, travel expenses and medical bills. A claim for personal injury can be submitted up to three years from the date of the incident. A claim for clinical negligence can be submitted up to three years from the date of diagnosis. A claim for criminal injuries compensation can be submitted up to two years following reporting the incident to the police. For any personal injury claim you are normally better to engage the services of a solicitor to facilitate your claim except in the case of criminal injury. For these cases, it is not necessary to engage the services of a solicitor and if you do, there will be a cost involved. You can choose to engage a solicitor directly or submit your claim online via a claims management company who will refer your case to a solicitor for a referral fee. If you choose the latter option, it is best to ensure they are regulated by the Ministry of Justice in respect of regulated claims management activities. Most legal firms offer to run a case under a conditional fee agreement, otherwise known as ‘no win no fee,’ and you should always ensure that your case is run on this basis to avoid any exposure to rising fees. For cases of criminal injury, as previously mentioned, solicitors are not at liberty to offer their services under this agreement hence the likelihood of costs. In addition, any claim for clinical negligence may incur costs. Whilst the conditional fee agreement is available for claims of this type, it is also ‘means-tested’ and thus is not available to all claimants of medical negligence. |







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