If someone was entirely to blame, you can claim all your damages. If you and another were each partly to blame, your damages are reduced by a percentage equal to your share of the blame. If no one else was at all at fault for your accident you cannot claim.
In the case of accidents at work or industrial disease, the other party would probably be your employer.
What can I claim for?
A typical claim might include :
Compensation for pain, suffering, discomfort and inconvenience
Damage to clothing or other items
Special equipment required for your illness
The cost or value of care
And in the case of a road traffic collision:
Damage to your vehicle/your excess
How do I prove who was to blame?
Remember the onus is on you to prove your claim, not the other side to disprove it.
Unless liability is admitted, or the other side offer a fair liability split, we can get evidence to support your version of your accident, including:
Statements from you or witness statements
Any inspection or maintenance records
Accident investigation and reconstruction report
Sketch plan and photographs
In the case of a slip or trip:
Proof of who owns the area in which you fell and who is responsible
In cases of industrial disease or accidents at work:
The Accident Reports – including Health & Safety Executive, Reporting of Injuries, Disease and Dangerous Occurrences (RIDDOR)
Inspection, testing and maintenance records
Occupational health/personnel records
In the case of a road traffic accident:
The Police report
How do I prove what injuries I suffered?
We prove your injuries in one or more of the following ways:
By obtaining your medical records
By obtaining medical reports
Statements from you, your family and friends
What evidence do I need to prove my financial losses?
Evidence gives you an advantage. It means that you aren’t just hoping the other side or the Court will take your word for the losses that you have suffered.
We help you obtain the following:
Loss of earnings – payslips, accounts, expert accountants report, bank statements and your books;
Medical expenses – receipts, evidence from your private healthcare provider, your medical records;
Damaged or lost property – receipts, repair estimates, proof of cost of similar items;
Travel expenses – tickets, receipts, or where you drove and details of the journey distance;
Care – if you paid, we need receipts or invoices. If care was from family and friends then we get statements from you and them. In more serious cases we may need a report from a care expert;
Special equipment – receipts, statements and perhaps experts reports;
Handicap on the Labour Market – payable where your injuries would make it harder for you to find work, and proved by expert evidence plus evidence of your earnings.
In the case of a road traffic collision:
Your car – If you paid for repairs yourself, or paid the insurance policy excess, we will need the invoice. If your car was written off, we can get you a valuation.