The Law

The General Position

It is dangerous to try and set out the law in any detail on this website. We could never adequately cover the facts of each case and a Claimant with a good claim might be put off.

In general terms the right to make a claim usually depends on proving that someone, other than the victim, was at fault.

Even this statement is misleading. For example, a person who is partly to blame can still recover compensation. Also, an employer will often blame the injured employee for doing something “silly” when a closer examination of the facts shows that the employers’ system of work was the true cause of the accident.

If you would like some preliminary telephone advice about your accident please ring Sam Elsby directly on freephone 0800 011 2797 or use our email contact form. We are happy to give initial advice without any obligation or charge.

Fraud

The insurance industry is rightly devoting increasing resources to stamping-out fraudulent personal injury claims. This involves the sharing of information and databases and the detailed investigation of some claims. Internet and remote legal services may be contributing to an increase in such claims. This is one of the reasons why we like to meet clients personally if at all possible. Any claims that are false or exaggerated will almost certainly be detected.

Time Limits

Most victims have a maximum of 3 years from the event (or knowledge of the event/injury) in which to make a claim. This period might be extended, in certain circumstances, by the court. However, do not leave a claim longer than necessary. Firstly, vital evidence to prove the case can be lost or lessened over time. Secondly, in some cases such as accidents at sea or air and in criminal injury claims, the time limit is shorter.

For a person under 18 the normal three-year time limit does not start to run until they reach the age of 18.