In personal injury compensation claim cases, it is necessary to prove that you were involved in an accident or incident, that you suffered loss of some sort, and that this loss can be directly attributed to the accident. In order to successfully claim compensation, it must usually be possible to determine who exactly was at fault, although there are some cases where it is possible to claim even when a specific person cannot be identified – for example, in violent crime cases, there is a government fund that can be used when the criminal has not, or cannot be identified.
In many cases, such as car accidents and road traffic accidents, there will be a lengthy investigation into the cause of the accident and this will normally be used to determine who was to blame and to attribute liability to one party or another. This may not involve a criminal investigation, however, and it may be down to your solicitor to help gather evidence including eyewitness statements and even photographic evidence.
In these types of case, and following these types of accident, it can prove beneficial for you to gather some of the evidence yourself. Take relevant photos of the accident site, ensure that you exchange details with the other driver or anybody else involved in the accident, and even attempt to gather contact details for those that may have seen the accident take place. You can present this information to your solicitors, and they will be able to act on the information if it is relevant and required, and they can progress with your case more quickly.
There are other steps that you can take, throughout the process, that can help to expedite a conclusion to your compensation claim. Ensure that you keep details of all communication and meetings with your doctors, hospital, and specialists. Also keep you receipts and prescription details, because this can be used to help determine the extent of your injuries. Your solicitor will be able to acquire your medical report and medical details, with your permission, but if you keep your own notes, you can ensure that there are no contradictions.
In some cases, the court may determine that no one single person was at fault. In a faulty goods case, for example, the court may determine that you, as the consumer, had certain liabilities to ensure that the product was safe yourself, while also determining that the manufacturer of the product was responsible for producing a safe item. The courts may, in these cases, determine that the product manufacturer was 50% responsible for the accident, and that they are 50% responsible for paying the compensation figure that they agree upon.
The quality and skill of your solicitor will often help to determine whether they are able to prove liability, although in some cases this may not be necessary. Clifford Johnston & Co Solicitors has more than 25 years’ experience of dealing with a variety of personal and family law cases, and can help to gather evidence, build a case, and prove liability, so that you can successfully claim compensation from the liable party.