Disputes about accidents or injuries - a guide

If you’ve been hurt in an accident that was someone else’s fault, you may be entitled to compensation. Most claims are settled out of court, but you may need legal help and advice. Find out what you can do if you’ve suffered a personal injury.

Working out if someone else is to blame

You won't always be entitled to compensation

You won’t always be entitled to compensation if you’ve been hurt in an accident.

You might have been hurt as a result of:

· slipping up in a supermarket

· a road traffic accident

· an accident at work

In each case, you’d have to be able to show that the accident could have been avoided if someone else had taken reasonable care.

They could be to blame if they failed to clean up a spillage in the supermarket, or if they drove carelessly on the road.

Reporting the injury

Get medical help, even if the accident doesn’t seem serious, as it could get worse later on. Call 999 if it’s an emergency, or see your GP.

· if it is a road accident, report it to the police and your insurance company if you’re a driver

· if it is a work accident, record it in the work accident book or report it to your employer

· if you slip up in a shop, report the accident to the manager

You should also get evidence, such as photos of the injury or the scene of the accident, or names and addresses of witnesses.

Writing a letter or making a complaint

If it’s not a serious injury, you may be able to solve the issue by writing a letter or making a formal complaint. If it’s an organisation, ask if it has a complaints procedure. Explain what went wrong and tell them how much compensation you want or how they can make up for the injury.

NHS organisations have complaints procedures, if something has gone wrong with your medical treatment.

What to do if you get an informal offer

If you are offered compensation, you may want to accept the offer to avoid the cost and hassle of going to court.

You may not wish to settle straightaway. You usually have three years after the accident to settle a claim, so think about your options. The sum you’re offered could be lower than what you expect, but you could get the money more quickly than if you go to court.

Mediation - discussing the issue with the help of a third person

Watch a video on how mediation can help you solve a dispute

· Video: what happens at mediation?

A mediation service could help you to negotiate with the person or organisation you think is to blame for your injury. The mediator won’t take sides, but will handle discussions between you and the other party.

There is usually a fee for using mediation, but it can be cheaper, quicker and easier than going to court.

Mediation can help you get:

· an apology

· compensation

· a change in policy or behaviour

You can find a mediation service in your area by using the 'find a civil mediation provider' tool at the link below.

Getting legal advice

A solicitor can help you get compensation but will usually charge for their services

It is common to use a solicitor to get compensation. In most cases, this will cost you money. Ask the solicitor about their costs and fees before signing any contract.

Claims management companies can also help you get compensation.

The article on ‘compensation for accidents and injuries’ tells you what to look out for.

You can also get free advice on making a claim from a Citizens Advice Bureau, a law centre or a community legal advice centre.

Taking legal action

You should write a letter to the other side, giving them a chance to put things right, before taking legal action. Set out the facts and say you’ll take them to court unless you get some compensation. A solicitor can write the letter for you for a small fee.

A solicitor will try to settle the case out of court if they can, by negotiating with the other side. Most compensation claims are settled without the need to go to court.

Going to court

If you go to court, there will usually be a hearing in front of a judge. Both sides will present their evidence. At the end of the hearing, the judge will decide if the other side is to blame for your injury and if you should get compensation.

Compensation could be given:

· for pain and suffering

· if the injury stops you from doing day-to-day tasks, such as gardening

· to cover loss of earnings, including future earnings if you’re unable to go back to work

Either side can appeal against the decision, which could involve going back to court. If you win the case, you may have to go to court to get the decision enforced.

Date: 2015-02-16; view: 828