Article

An Accidental Move Explaining Accident Claims

Topic: Financial FreedomPublished July 20, 2008

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It is first necessary to distinguish what an Accident Claim is. If you have had a trip, slip, fall.nnnOr an accident at work or outside, then you are legally entitled to file for an accident compensation claim.nnnUnderstandably, if the accident occurs at work, some employees feel uncomfortable reporting against their employer.nnnHowever, any industrial injury compensation that you may recieve, once you have taken action, will not be paid directly from your employer.nnnIf you feel that you do not wish to make a claim, then consider reporting the incident to your local Health and Safety Officer. nnnThis may reduce the chances of a similar incident re-occurring.nThere are different types of claims that can be made. nnnThere are 'General Damages'. This is the legal term used for the compensation that is paid for physical injuries, pain, suffering and loss of amenity. nnnGeneral damages, are difficult to assess as the cost value has to be placed on the suffering and pain an individual goes through. nnnLoss of earnings and a change of lifestyle due to an injury are all factors.nnnTherefore, the levels of a general damages claim differ as each case takes into consideration the variables. nnnAdditional to the investigation, a medical expert may need to produce a written report on your injury, this is used as evidence, in turn assessing the value of your injury claim.nnnThe courts decide the level of seriousness that the injury has caused, and uses other previous similar cases as a guideline for valuing compenstaion awards.nnnAnother type of claim is 'Special Damages'. This is the claim compensation for the financial loss due to an accident. nnnIt is common that documentation is provided to use as evidence. nFor example, the claim of loss of earnings past and future, need to be supported by payslips and/or a P45 or P60 pre and post accident. nnnThe claim of travel expenses to the hospital or doctors by car need mileage, dates and purpose of each journey. nnnOr by bus/train the purpose of the journey and ticket is required.nThere may be other things that you can claim for. nnnThe best method to support your case, is to keep a record of all receipts and documents from the very beginning.nnnSlipping and tripping are a very common accidents. These may occur on a wet floor in a gymnasium or a supermarket. nnnFor example boxes lying around.Pleasurable walks may be ruined by uneven drains or pavements. nnnIt is therefore possible to file a claim against the party or person.nHowever, if the trip or slip occured on a public path, footway or road, the matter needs to be dealt with by the Local Highway Authority. nnnClaims against this organisation are common, the actual claims are difficult to pursue. nnnThis is because the government acknowlegdes that there are insufficient resourses to maintain the highways. nnnThis supplies the authorities with a defence to personal claims, because if they display steps to maintain their roads such as inspections and repairs it is hard to prove otherwise. nnnThe courts have supplied a general rule. If the ground is raised or unlevelled by less than 1 inch in height or depth, then this is considered not dangerousnnnHowever, this is only a rough estimate, so claims that are produced due to small defects do not have to be ignored. nnnThere are also claims available for children, for example faulty playground equipment.nnnThe normal time period to make a claim is within three years, but this differs with children.nnnIf a child is 18years old or less when the injury happens, then the adult may construct a claim against the other party until the child is 21. nnnThis is due to the courts reasoning that children under 18years old are not mentally sound to bring a case alone. nnnWhatever accident has happened,attention needs to be brought to it. It is paramount that you do not suffer alone.nnnThat you are provided with the best service to help you with your claim.n

Article author

About the Author

Olive is an author of several articles pertaining to No Win No Fee, Compensation Claims, Accident Claims, Personal Injury Claims and other legal articles.

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