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Can I claim? If not, why not?

Can I claim? If not, why not?

Posted 4 years ago by in

5 common myths about compensation claims

Put very simply – if you’ve been injured in an accident that wasn’t your fault, you may well be entitled to compensation.

And if you’re thinking ‘not me’ or ‘I already tried and got nowhere’ – take a look at some of these common misconceptions about accident and injury claims.

If you thought any of the following were set in stone, it might be time to think again and look for some better legal advice.

‘I can’t claim because my injury was a long time ago and has already healed/was treated at the time.’

Even a complete recovery and return to full health doesn’t mean you can’t claim if your accident or injury was the fault of someone else.

Just because no permanent damage has been done, doesn’t mean that you can’t claim for suffering at the time or emotional impact.

Generally speaking, you have up to three years from the date of the accident to make a claim – although this can be less in certain cases.

Talk to a specialist solicitor who will be able to provide their informed opinion and guide you through your available options.

‘I can’t claim because I signed a disclaimer/waiver.’

Just because you’ve signed a disclaimer or waiver, doesn’t mean there’s no chance of success or proving negligence.

Any attempt via a signed document to avoid liability for causing personal injury is void if someone hasn’t done what they’re supposed to as a duty-of-care.

Using phrases like ‘not responsible in the event of any injury or death’, or showing instructional videos may seem official but are not a get-out clause.

If you’ve suffered in any way that you think could’ve been avoided by a third party being more responsible, seek legal advice.

‘Legal professional make cases last longer on purpose to earn larger fees.’

This is a commonly held misconception based on an oversimplified view of how law firms work.

In fact, fees are usually structured based on the type work being done.

With personal injury claims, for example – unlike higher value casework – solicitors earn a fixed fee, so more time wouldn’t generate any further income.

‘My case has already been rejected by one law firm.’

There could be a number of reasons why one law firm may decide not to take on your case – but that doesn’t necessarily mean another wouldn’t.

Something as simple as a lack of relevant experience in a certain sector may be enough to put a firm off but specialist expertise varies largely.

You shouldn’t be discouraged from approaching another firm with your details, even if you’ve been unsuccessful previously.

‘The other party involved had no insurance, so nothing can be done.’

From fairgrounds to tattoo parlours, any third party with a premises, products or services available to the public must have the appropriate insurance.

But if you’re unlucky enough to suffer an injury or accident that may the fault of someone or an establishment that isn’t insured, you may still have options.

Pursuing a claim will inevitably be harder but not always impossible – speak to an experienced legal professional to see if anything can be done.

And for future situations, always ask to see confirmation of any insurance details before agreeing to anything, especially financial transactions.

If you’ve any other questions or concerns relating to a possible claim, speak to one of our friendly team today.

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