When you make an accident claim, there are a few things that your solicitor will look out for to ascertain your eligibility to make a claim (whether or not you are liable in any way and when your accident happened) and the strength of your case.
The strength of your case is important, because the stronger your case is, the higher the chances are of it being successful.
When your accident happened
You have three years from your Date of Limitation (the date your injuries became clear) to make a claim. After three years, most personal injury claims become time-barred, meaning you will not have a case. This three year deadline can be extended in the case of industrial diseases and sometimes under extreme circumstances. When looking at making an accident claim, be sure to make sure that your accident happened within the last three years.
If you were a minor at the time of your accident, then you have three years from the date of your 18th birthday to make a claim for financial compensation.
How your accident happened
Who is liable for your accident? This is an incredibly important question, because you can only really make a personal injury claim if you were not at fault. You can still make a claim if you were partly to blame though, and there are exceptions applied to some claims.
For example, if you have been involved in a road traffic accident and somebody pulled out on you without looking, but you had ample time to stop but were preoccupied looking at your satellite navigation system, then it may be best to agree liability on a 75/25 or 50/50 basis. Your accident claims solicitor like those at http://www.accidentadvicehelpline.co.uk/personal-injury-claims/will advise you on the best course of action if this is indeed the case.
The extent of your injuries, your recovery period and your prognosis for the future
The total amount of compensation you receive will be mostly made up of ‘general damages’ which are the damages paid for your injuries. The extent of your injuries, your recovery period from those injuries and your prognosis for the future all determine the amount of general damages you can realistically demand from the other side.
All of these will be ascertained through a medical examination set up by your solicitor. Most people only have to attend one medical examination, but it is not uncommon to have to attend two, if you have injuries completely separate from one another. This is because the medical examination will be conducted by a specialist in your injuries. It will also help your claim if you received medical treatment in the aftermath of your accident.