Finding yourself injured in an accident that wasn't your fault can be overwhelming. Aside from the physical recovery, many people feel unsure about what to do next. Is pursuing a personal injury claim worth it?
It’s completely normal to feel this way. The legal world can seem daunting, and many of us worry about being taken seriously. But if your injuries are impacting your life, it’s only fair to explore your options. You’re not being an opportunist. You’re simply seeking to put things right.
The severity of your injuries
This is often the most significant factor. How serious are your injuries? Are they minor, such as whiplash that resolves quickly, or more significant, like a broken bone or a longer-term condition? If you’ve lost your eyesight or suffered hearing loss, these injuries should be taken very seriously too.
The more severe and long-lasting your injury is, the higher the potential compensation, as it reflects a more significant impact on your life.
Your financial losses (special damages)
Compensation isn’t just for the pain of your injury. Your award also covers and considers any money you’ve lost because of it. This includes:
· Lost earnings: If you couldn’t work, or had to take time off.
· Medical expenses: Costs for treatments required after the accident, including prescriptions, physiotherapy, and counselling.
· Travel costs: For getting to and from hospital appointments.
· Care & assistance: If you needed professional help with daily tasks.
· Damage to property: For example, repairs to your vehicle after a road traffic accident.
Keeping good records of these costs is helpful, even if you’re not set on making a claim just yet. Try to keep receipts and store printed records safely.
The impact on your life
Beyond financial losses, personal injury claims also account for the non-financial impact of your injury. This is often referred to as pain, suffering, and loss of amenity. It considers:
· The physical pain you’ve been through.
· Any emotional distress or psychological impact.
· How your injury has affected your hobbies, social life, or ability to do daily activities you once enjoyed.
· Changes to your present and future quality of life.
In the process of calculating your compensation, experienced legal professionals use nationally approved guidelines and previous case outcomes to assess a fair amount.
Evidence and medical records
The stronger your evidence, the stronger your claim will be. This includes:
· Medical reports: Details of your injuries, treatment, and prognosis.
· Accident reports: From the police or your workplace.
· Witness statements: If anyone saw the accident.
· Photographs: Of the accident scene or your injuries.
Extensive medical documentation is particularly vital as it provides an independent record of your condition – and proof of your treatment journey.
How clearly fault is established
Finally, for a claim to succeed, it needs to be clear that another party was at fault for the accident.
If there’s any dispute over who was to blame, or if you were partly responsible, it can affect the amount of compensation you receive. When you start working with a solicitor, they will help you gather evidence to establish fault clearly.
Taking the first step can feel daunting, but you don’t have to go through this on your own. A qualified legal professional can help you understand the context of your situation, guiding you through the process with confidence and sensitivity.