News Detail back to listing
A Guide to claiming Compensation following a Road Traffic Accident
- Nov 7, 2024
- Latest News
No two road traffic accidents will be the same, the consequences can vary from minor injuries to catastrophic life-changing injuries. In the case of injuries caused by an individual’s negligence, the injured person may be entitled to compensation to a greater or lesser degree depending on the seriousness of the injury and the length of the recovery time, if recovery is an option.
Giambrone & Partners personal injury lawyers, whilst recognising that immediately following a road traffic accident the major concern is to ensure that the injured person received medical treatment as soon as possible, there are some things that, if possible, should be done immediately that will support a claim for compensation.
In the event of an accident, Claimants should try to obtain as much of the following information as possible:
• Note down in writing all the circumstances of the accident, the cause of the accident in your opinion, where it happened, when it happened, who was involved, who you believe caused the accident and who witnessed the accident.
• Photograph the site of the accident and the surrounding area.
• Photograph the vehicle involved.
• Note the weather conditions
• Photograph your own footwear and clothing.
• Obtain contact details of any witnesses, including staff in any shops that were close by.
• Obtain contact details of the emergency services staff and of any police who attended
• Report the accident to the police
• Obtain contact details of the insurance company of the vehicle involved.
• Obtain any documentation outlining your injuries from the emergency services and the hospital, if you were treated in hospital.
More comprehensive and detailed claimant’s evidence, especially when it is corroborated by witnesses, offers the best chance of successfully obtaining compensation for their injuries and the distress caused. Also, having extensive details about the accident, especially if witnessed, counteracts the potential for fabricated evidence to be presented by party who was responsible for the accident.
Alessandra Paduano, an associate of Giambrone & Partners, commented “the opportunity to make a claim for compensation is time limited, a victim has three years during which time they can claim for compensation. The three-year time limitation extends from either from the date of the accident or from the date when it was recognised that the injuries will have an impact on the health and well-being of the victim.” Alessandra suggested “an injured person should seek the advice of a personal injury lawyer as soon as possible in order to establish the level of injury and take action to obtain compensation.”
Road traffic accidents involve various types of vehicles, Government statistics reveal that in 2022, 55% of casualties involved were occupants of cars, pedestrians composed 14% of the injured, motorcylists and pedal cyclists each accounted for 12% of the injured. The vast majority of traffic collisions occur at the beginning of the day and at the end of the working day.
Financial compensation can be sought for a number of different consequences following an accident that either temporarily or permanently has an effect on the victim, such as having to take sick leave from work for a one or two weeks or long term disability requiring full time care.
The issues prospective Claimants can claim for:
• Medical expenses, both past and future incurred due to your injury
• Travel expenses
• Long and short term care needs required as a consequence of the injuries received in the accident.
• Loss of earnings, both current and future.
• The cost of rehabilitation, which can include residential rehabilitation and the cost of a professional in rehabilitation related to the type of injury
• Compensation for damage to a vehicle or personal possessions
• The purchase of specialist equipment required as a result of your injury
• The cost of any structural adaptions to your property to facilitate your residence
• The cost of prosthetics if required
• Legal costs such as Power of Attorney and other measures required due to lack of capacity
• Compensation for the pain and suffering endured, including mental health issues.
The perception of how an accident arose and where the responsibility lies can be assisted by enlisting the professional expertise of accident reconstruction experts, which can clarify the question of accountability for accident enabling the victim to claim compensation from the correct source of blame.