Road traffic accidents are, unfortunately, a common occurrence all over the world, with many reported casualties every year. And while some people get away with a few scrapes or bruises, others have to battle lifelong health damage. The emotional damage victims of a car crash experience is just as real as the physical wounds, making accidents particularly destructive given their scope and ability to affect not only individuals but families and communities as well.

Research shows that roads have become safer compared to a few decades ago. In the 1960s, there were over 40% more traffic collisions in the United Kingdom compared to the early 2010s. Yet, there has been little change in the figures since 2012, and in 2021, severe injuries and fatalities were up 15% compared to 2020.

If you’ve been involved in a traffic accident, you might be eligible to file a compensation claim. The sum you receive can cover the recovery from the injuries directly tied to the incident. Here’s what you should know about compensation and the legal framework in which they operate.

legal framework of road traffic accident claims

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Safety first

After an accident, ensuring everyone involved is safe, and sound is essential. You and every other passenger you had in the car at the time of the accident must get immediate medical attention. Even if the health damage appears negligible, you should still visit a medical practitioner. Some conditions might not show symptoms until several hours later when the damage becomes more severe and the treatment scheme becomes more complicated. Children and older people are particularly vulnerable, so if you were travelling with family members that belong to either of those demographics, make sure they are prioritised during the check-up.

Not only does visiting the doctor guarantee that the physical damage is addressed, but it is also an essential aspect of the legal process. Being able to show medical documents is vital for your case and adds an extra layer of credibility since you have undeniable proof that the accident affected you. Moreover, not getting a doctor’s opinion might cause some prosecutors to neglect your case, as they won’t have an objective framework to operate on.

Statute of limitations

In the civil law system, the statute of limitation refers to the amount of time that can pass after an event during which legal proceedings can be commenced. Following the expiration of this period, the power of a tribunal cannot be invoked anymore. The amount of time during which you can sue for compensation depends on the jurisdiction in which it occurred, so you should be aware of the particulars to confirm you can still file a claim.

Reaching out to will help you get essential information in the aftermath of a motorcycle accident. Having a specialised solicitor help you during the case ensures that you don’t have to worry about exceeding limitation periods, and you also have a higher likelihood of getting the maximum amount of compensation you deserve.

Generally, you shouldn’t wait too long before filing a claim. Delaying too much means that the case details are more difficult to prove, and the process becomes more arduous and time-consuming. Some vital information can become difficult to ascertain, and eyewitnesses might not be sure what they saw anymore, which makes the case outcome uncertain.

The evidence

When you’re setting out to sue for compensation, you must be in control of an ample body of evidence that can help support your case. Any solicitor will provide you with a comprehensive list of items you should collect to ensure your claim is successful. Some of the most important include:

  • Photographs taken at the scene of the accident, including any damage your vehicle has sustained and your injuries. Make sure that the pictures are clear and paint a realistic image of the situation.
  • CCTV footage is highly valuable if you can obtain it since it shows an entirely objective account of the events.
  • Any medical records and bills you have acquired as a direct result of your injuries. This category includes both physical and mental health concerns.
  • Additional medical reports from independent experts can prove the extent of your injuries. Some courts might demand further evidence of the health damage, meaning you’ll most likely be requested to undergo supplementary medical examinations.
  • The contact details of any passers-by that witnessed the accident since your attorney will most likely want to talk to them at some point during the case.
  • Evidence pertaining to additional financial damage. This includes invoices, receipts and bank statements that prove you’ve had to spend inordinate sums of money due to the crash. Since you most likely had to take time off work, the financial difficulties can pile up.

Having all this evidence is highly important for a successful outcome, as you’ll have solid proof to showcase the extent of the damage you sustained. It also means you’ll be eligible to receive more in compensation, as apart from the general damages, you can also receive remuneration for the special ones, which include medical bills, travel costs, loss of earnings and ongoing, post-accident care.

Children’s claims

Anyone who’s not eighteen cannot start a claim in their own right. Yet, if your child’s been injured during a road collision, you can’t just stand by. Wanting to receive justice is perfectly understandable. Thankfully, the law allows parents to start compensation on their children’s behalf. While no amount of money can altogether remove the traumatising event, compensation can go towards aiding your child’s recovery and treatment. It can also alleviate some of the financial burden placed on the family.

The amount of compensation your family will receive depends on the extent of the injury, as well as the type of treatment required, and whether or not it has severely impacted the child’s development. Any adaptations you’ve had to make to the home, the financial expenses and the time you had to take off to take care of your child are also included in the final compensation amount.

Road accidents are difficult events that bring significant discomfort and suffering to the victim. During this time, it’s essential to know you can always reach out to experts that can help you get the justice you deserve so you can move on from the accident.

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