Personal injury

Getting all the compensation you're entitled to in a personal injury claim

By Philip Baldwin
Published: 02:48PM BST 09 Mar 2011


The amount of compensation you'll receive usually depends on the evidence you're able to produce in support of your claim.

To make sure you receive all the compensation you're entitled to, we've produced our Top 5 tips:

1. Keep records

This is probably the most important tip, and it takes a little bit of effort on your part. You should record everything.

This means keeping receipts for all expenses and keeping a list of any financial losses that you suffer as a result of the accident, such as loss of earnings and travelling expenses. Insurance companies will often delay or reduce compensation payments due to 'missing or incomplete' information. Don't let them.

Wherever possible:

  • make sure that the accident report book is completed (if one is available)
  • make your own notes on the accident to use later
  • take photographs (preferably on a digital camera). If you've tripped or slipped, take photographs of the accident scene before it's changed or repaired. If possible, use an everyday object such as a 50p coin or a packet of cigarettes to show the height and size of any pothole or trip edge. Take photographs of your injury, especially cuts and bruises that may disappear over time. Take photographs of damaged personal possessions
  • if you've suffered an injury, see your GP or go to your local A&E department for medical treatment. If your injury doesn't recover as expected, remember to go back to your doctor and see them again to make sure you get the right medical treatment, and that your injury is recorded in your medical records
  • keep a log of your injury and your recovery

2. Include everything

It may sound simple, but include everything, even small items.

Small expenses can soon add up to large amounts. For example, did you know that you can often include a claim for the time spent by your family and friends providing you with care and assistance after an accident, even if they don't charge you. Keep a record of anyone who provides you with care and assistance after your accident, what they do for you, and how long they spend doing it.

3. Use a reputable personal injury solicitor

If you're dealing with the other party's insurance company directly, always remember that no matter how nice they are, they do not act for you. Insurance companies aren't in business for fun; they are in business to make money.

To maximise your damages make sure you use a good personal injury solicitor, preferably a member of the Association of Personal Injury Lawyers (APIL). They'll represent your interests. They'll be able to counter any tactics your opponents throw your way, and they'll present your case properly to make sure you receive the right amount of compensation you're entitled to.

4. Prepare for your medical examination

As part of your personal injury claim your solicitor will usually arrange for you to see an independent doctor. This is your opportunity to tell your story: how the accident has affected your home life, interfered with your work, hobbies, interests etc.

Be honest and straightforward and don't over do things by exaggerating your symptoms; this will only make a bad impression and could reduce your damages. Prepare for the meeting so you don't forget to tell the doctor anything about your injury, your recovery, any help you've  needed (even if provided by friends and family), how long you were off work, and how the accident has affected your day-to-day life.

5. Always make sure you keep 100% of your compensation

Most solicitors dealing with personal injury claims will offer to run your case on a 'no-win-no-fee' basis if you have a good personal injury claim. Always check to make sure that you'll receive 100% of your compensation.

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