Personal Injury Compensation and Accident Claims
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The Legal Process

General issues relating to accident claims

In order to succeed in an accident claim you must prove that the opponent is responsible for your losses and injuries.

This first stage is called establishing opponent’s liability. You have to show that the defendant has been negligent and that their negligence caused your accident. Following which, you have to prove that as a result of the accident you sustained injury.

In most accident claims, the opponent (or his/her insurers) will admit liability after negotiations, or on the commencement of Court proceedings. However, for a few cases it will be necessary to prove liability in Court.

The second stage is to assess the amount of compensation you will get – which is called assessing the quantum of damages. Compensation is often agreed with the opponent, but if not, it will be assessed by the Court. Sometimes liability and quantum are determined at the same time either by agreement, or by the Court.

In many accident claims the opponent is insured, in which case we will negotiate with the insurance company. The large majority of accident claims do settle out of Court without the need for a trial.

Limitation

In most cases, accident claims for personal injuries must be brought within 3 years of the date of the accident, or in the cases of minors, 3 years from the minors 18th birthday. Court proceedings must be issued before the expiration of the limitation period. Failure would result in you becoming statute barred and may prevent you from bringing a claim for the accident.

Terms

You will be called `the Claimant’. The person you are making the claim against will be called `the Defendant’.

Click on a title below to find out more:

1. Documentary evidence

2. Expert evidence

3. Witnesses

4. Starting your Claim

5. Compensation

6. Information and advice

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