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Can I Make a Claim?


What if I am still suffering from my injuries?

The medical experts will advise us on whether it is appropriate to settle your personal injury claim or whether we should wait until you are reviewed in some weeks/months time.

Sometimes, they can give a full prognosis e.g. "This person's injuries have mainly resolved, and I would expect a full resolution with no further problems within 3 months". We would then be able to attempt to settle your personal injury claim basing our assessment of your compensation on the expected recovery. However once you have accepted any offer of compensation, you do so in fill and final settlement, and can not come back later for more damages. We will advise you on this issue.

Can I claim for time off work?

Yes. If the injury is such that you were unable to go to work or you lost business and therefore money you can claim this back.

How long do I have to bring a claim?

If your personal injury claim is accident related, you have three years from the date of the accident. In cases where a disease or some latent problem may be involved, you have three years from the date you either knew or ought to have known that you had a personal injury claim - this is called date of knowledge. If you are unsure about when the law would class you as having this knowledge, you should speak to us as soon as possible.

Is it right to make a claim?

Consider it this way. Personal injury claims are only claims for mistakes made by other people, as a result of which you became injured. In the vast majority of cases, people take out insurance to cover them against 'mistakes'. You probably have car insurance or house insurance. That is how the insurance industry exists They take the premiums from a lot of people to enable them to pay damages for to the relatively few people who make proper and appropriate claims.

Can I claim for back injury if I already have a bad back?

You can't claim for any pre-existing condition, but you can claim for an aggravation of that condition. The purpose of obtaining medical evidence in your claim is to establish exactly what injuries were caused by the accident.

Who's to blame? What if it was a hit and run driver?

The Motor Insurers Bureau was set up to help victims of uninsured or untraced drivers. However, there are limits on the damage you can be compensated for, and it is important that you act swiftly. The MIB has certain rules you must follow to be entitled to claim. For example, you must show that you took all reasonable steps to trace the driver responsible as soon as possible after the accident. You are advised to seek proper assistance.

Contact us for advice.

What if the accident was my fault?

The question is, was it your entire fault? In some cases, liability is apportioned between the two parties, and you can still claim compensation for the damage caused by the other person.
What if my husband/wife was to blame for my injuries?

Some people are uncomfortable making a claim against a friend or relative. However, you should view the claim as a claim against their insurers. Once this is explained to your friend or partner, they usually understand

Do I have to prove that an injury at work was my employer's fault?

In every claim for compensation, the onus of proof is on the claimant to prove that the employer was negligent or in breach of the law. The claimant must prove that the injuries were caused by this. In some cases, for example industrial disease claims, other claimants may have already established the employer's liability, and the employer's insurers will simply agree to settle claims rather than fight something that has already been proven.

What if the claim is defended?

The rules require that 'the other side have a period of time in which they can make investigations and either admit fault or deny it, or say it was partly their fault. Since April 2010, if you were injured in a road traffic accident, that time period is only 15 days. For any other claim it is 90 days.

Just because your personal injury claim is defended in the first instance does not mean that you will lose. Insurance companies will do all they can to try to deny responsibility or reduce the amount of compensation they are obliged to pay. That is where our expertise comes in. We know all the tricks! It is our job to get them to admit responsibility and pay you compensation for your Personal Injury.

Speak to the experts

Our comprehensive and compassionate team can assist you. Call our Leeds, York or Sheffield office today in confidence and we can help you in resolving your situation.

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With Lupton Fawcett on your side, you're taking control. Contact us today.

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Remember you can still call us on 0333 323 5292 or email us at pi@luptonfawcett.law

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