Being involved in a road traffic accident is likely to be a traumatic experience, even if you walk away relatively unscathed physically the shock of such an event can leave you with psychological wounds that require treatment to heal properly.
Suffering an injury, either physical, physiological or both, can have a devastating effect on your life. Your injury could prevent you from working, either short TAVA or long term, it could make hobbies you once enjoyed impossible, and it could have a negative effect on your relationships with friends and loved ones causing them to either become damaged or break down completely.
There is no way to estimate to effects that a road traffic accident can have on you, and while bringing a claim won’t change the fact that the accident has happened and you are living with the consequences, it can make those consequences easier to manage. Bringing a claim can help you support yourself financially while you get back on your feet, it can bring you closure on a traumatic part of your life, and it can help you find (and afford) treatment options that you were previously unaware of.
However, a claim is not something that should be started lightly; you should carefully consider the pros and cons of bringing a claim, as well as your likelihood of success.
If you are confident you would like to bring a claim then it can be difficult to know where to start, how do you get the ball rolling? Should you go it alone or get a solicitor? What should you be considering before starting a claim?
This article demonstrates four of the key questions you should be asking before you begin your claim to help you make the right decision for you.
Number one: Who was at fault for your accident?
To successfully bring a claim, you must prove three elements. That the Defendant ( the person you want to claim against) owed you a duty of care, that they breached that duty, and that their breach caused you an injury.
If the Defendant was another road user, e.g. a driver or cyclist then they will owe you a duty of care, you will not need to establish this as it is accepted under the law that all road users owe each other a duty of care.