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SDS Solicitors > Frequently Asked Questions – Personal Injury Claims

Frequently Asked Questions – Personal Injury Claims

Anyone can suffer a personal injury, and the frustration is worsened if this occurs as a result of an accident that was someone else’s fault. If this happens to you, it is important to know how to deal with the situation in order to give yourself the best chance of compensation.

To help you out, we have answered some of the most common questions we hear from people unsure about whether to claim.

How do I find out who is to blame?

How can I prove the accident was not my fault?

How long do I have to claim?

The other party’s insurer has offered me a settlement. Should I accept?

My insurer has advised me to use a particular solicitor. Should I follow their advice?

How do I find out who is to blame?

When it comes to personal injury claims such as trips and falls, it can be difficult to know who is to blame. This usually depends on where the incident occurred.

For example, if you trip over a loose paving slab, this could be because the council neglected to repair it. If you slip on ice in a restaurant car park, then the premises in question has failed in its duty to keep this area safe.

If you are at all unsure, it is a good idea to speak to a solicitor so they can take a look at the facts and decide if it is worth pursuing a claim.

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How can I prove the accident was not my fault?

If you have slipped or tripped over an obstacle, photographic evidence of the scene is an excellent way to shed light on the circumstances surrounding your accident.

At the time, it may be the last thing on your mind due to the fact that you have just been injured, but if you can remember then this will be highly beneficial to your case.

In cases where you have fallen over a pothole or raised area, a good trick is to put a coin in the space and take a picture in order to provide a sense of scale.

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How long do I have to claim?

The vast majority of personal injury claims are subject to a strict time limit of three years from the date of the accident. In order to be eligible for compensation, your claim must have been registered with the courts by this time.

Some claimants misinterpret this timescale and think they have three years to decide whether they want to claim. This is not the case, as there is sometimes a lot of work that needs to be done before your claim is ready to proceed.

As such, it is recommended that you contact a personal injury solicitor as soon as possible after your accident.

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The other party’s insurer has offered me a settlement. Should I accept?

Not without speaking to your solicitor. While it may be tempting to accept this offer, the truth is that the insurer may be trying to offer you much less than your claim is worth.

An experienced personal injury solicitor may be able to secure you a higher compensation amount, and unlike the defendant’s insurer will certainly be working with your best interests in mind.

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My insurer has advised me to use a particular solicitor. Should I follow their advice?

You are under no obligation to accept representation from any solicitor, even if they have been recommended by your insurer. Your legal representation is your decision, and you are well within your rights to seek an alternative.

This is your chance to guarantee that you are working with a solicitor who is an expert in personal injury and is primarily interested in achieving the best outcome for you. Don’t let anyone else make that decision for you.

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Want to ask us in person?

If you cannot find what you are looking for here, or if you would simply rather speak to us in person, call our personal injury experts on 0333 999 8800 or fill in the enquiry form on this page.

One of our solicitors will be happy to conduct a thorough review of your case and offer advice on the next steps.