If you or someone you know has been involved in a road accident, it’s important to understand your legal rights and options for pursuing compensation. Road injury claims can be complex and overwhelming, but knowing the basics can help protect your interests and maximize your recovery. As a general rule, ‘road injury compensation’ refers to compensation for injuries sustained from a ‘road traffic accident.’ Still, under some circumstances, the term can also be used in a broader context for collecting and submitting a claim.
The time limit for making a claim is around 3 months from the incident date. However, you have a ‘statutory’ right to start a civil case within three years. The limitation period begins with the day the injury is discovered or, in the case of death, with the day it occurred. It will not be extended by absence from work or another interval between events and their discovery. It will also not be extended by a delay in deciding to claim unless there is reasonable cause for this delay.
For example, if you have been injured in a road traffic accident and decide to report it to the police on the day of the accident, your ‘statutory’ time limit is 3 months from that date. If you decide not to report it immediately and instead go home, rest, and then report the incident three days later, this is still within your three months time limit for making a claim. Accident lawyers can help to calculate time limits for making a claim.
If you’ve been injured in a road traffic accident, you must prove who is liable for the accident and your injuries. The compensation claim will only succeed if you can show that either the vehicle’s driver is at fault or there has been a breach by another party, such as a health and safety issue with work equipment. Accident lawyers can help to navigate this complex area of law to draft a strong case and secure compensation from multiple parties where appropriate.
There are two categories of liability: (1) the driver is at fault for being careless or negligent in the operation of their vehicle and failing to meet their legal obligations, and there is a breach by someone else, such as a health and safety issue with work equipment or any other third party.
You may be entitled to recover various damages in a road injury claim, including medical expenses, lost wages, pain and suffering, and property damage. An experienced attorney can help you evaluate your damages and pursue maximum compensation.
On the other hand, you will also be expected to mitigate any losses and damages incurred due to the accident. You may be asked to repay a portion of any medical expenses you received if you have fully recovered from your injuries and can work again in your occupation.
Finally, ensure you get a detailed receipt for all medical expenses and property damage if you need proof of what was paid.
When you submit a road injury claim, you will deal with the insurance company of the person or business that caused the accident. Insurance companies are legally required to handle claims fairly, but no law requires them to deal with you in good faith or act in your best interest.
Nothing stops an insurance company from using legal loopholes to pay you less than you deserve. It’s simply a question of whether they can get away with it. Insurance companies are typically involved in road injury claims and may attempt to minimize your compensation or deny your claim. An experienced attorney can help you negotiate with insurance companies and protect your legal rights.
If you plan to claim road injury compensation, it is highly recommended that you consult an experienced attorney to help you with your legal rights and options. Contact us today to schedule your free consultation. All consultations are held in strict confidence. Working with an experienced personal injury attorney can be crucial to the success of your road injury claim. An attorney can provide guidance throughout the legal process, help you navigate the complexities of the law, and advocate for your rights and interests.
Road injury claims can be complex and overwhelming, but knowing the basics can help protect your interests and maximize your recovery. Understanding liability, damages, insurance companies, legal representation, and time limitations may help you get the compensation you deserve. Attorneys can help you quickly develop your case and maximize the compensation you deserve.