Starting a personal injury or medical negligence compensation claim with Claim Today Solicitors is easy. Here, we’ve put forward the main things to think about and have to hand when making a claim.
Serious injury and road traffic accident claims
1. Claim as soon as possible after your accident
Claims for personal injury and medical negligence need to be made no later than three years after the accident has taken place.
However, it is imperative that you make your claim as soon as possible after your accident so that you can be sure to maximise your claim amount, as well as ensure that your claim can be processed in time to be within the three-year window.
You can claim with Claim Today Solicitors either by calling 0800 093 9392 or by filling out our claim form online, and a member of our team will contact you directly.
2. Take photos of your injuries and the scene
This helps us create evidence for the case and initially assess the extent of your injuries and the environment of the scene of the accident. If you have any photographs of the scene on the day of the accident, those would be the most useful, but photos of the scene as it is today will also prove useful.
Photographs taken on your phone will work just fine.
3. Tell us about your accident, in detail
When describing your accident to us, tell us anything you can remember about it. So we will need the time, date, and place where the accident happened, as well as anything you can remember about the circumstances of the accident and how it happened.
While the details might not seem like much to you, it could help us in determining whether or not you have a case and how we can take your claim forward.
4. Contact information for witnesses and your doctor
So that we can gather as much evidence as possible about your case as possible, any contact information that you can give us in regards to any witnesses of the accident will help create a much richer claim. We will also need the contact details of your doctor, so that we can ask for any relevant medical records surrounding your claim.
Clinical negligence claims
Generally, you have three years within which to commence court proceedings in a medical negligence claim. Sometimes, it is clear immediately that something has gone wrong and, in those circumstances, it will be three years from the date of the negligent act.
However, in other cases, there may be a considerable delay between the negligent act and the patient having reason to suspect or believe that something had gone wrong with their treatment. In such cases, the three year period begins to run from a patient’s “date of knowledge”. Determining a claimant’s “date of knowledge” is not always straightforward and so it is advisable to seek advice in relation to a potential claim as soon as possible. This is particularly so as a great deal of work has to be undertaken (and evidence gathered) before a claim can be assessed and before court proceedings can be commenced.
In the case of children (i.e. those below the age of 18), the three year time limit does not begin to run until the child reaches 18. If you are making a claim for someone who does not have the mental capacity to make a claim on their own, the three-year time limit is unlikely to apply.
If a loved one has passed away due to medical negligence, there is also a time limit within which to claim compensation (whether for your loss and/or for your loved one’s pain and suffering). This is something which we shall advise you about when you contact us.
It will help us if you can provide the following details when first contacting us about your potential medical negligence claim:
- The name of the hospital, GP, dentist or other medical practitioner against whom you wish to bring a claim
- Why you believe the medical practitioner was negligent
- What injury you believe has been caused to you by the negligence
- The dates and places of any treatment