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In simple terms, any person who has been injured, reported their accident to the right people or place, received medical treatment and believes that someone else is responsible for their injuries, can make a claim. The law is the same for adults and children and yes, you can make a claim for your child, with the only difference being the length of time you get to make your claim. Children are allowed up until their 21st birthday to pursue a claim, whilst adults have 3 years. However, we strongly advise that claims are made quickly as it usually gives a greater chance of a quick and successful outcome.
The law covering personal injury compensation claims in England and Wales affords the same rights to all individuals. This enables any victim of a non-fault accident to make a claim for personal injury compensation via a conditional fee agreement on a no win no fee basis.
There are a whole load of myths about the personal injury compensation industry, and we have to work really hard to debunk these and to make sure that claimants know that they have a right to make a claim. Whilst we can never guarantee that a claimant will be successful, we can guarantee that making a claim that does not succeed will not cost you a penny. So as long as you are acting honestly and not attempting to make a fraudulent claim, any person should have the confidence to make a claim for personal injury compensation after an accident in which they are injured.
In April 2013, the personal injury claims process was changed after the government introduced the LASPO Act 2012 and whilst this changed the way claims are managed, with the majority of claims now processed via the portal system, claimants still retained the right to make a claim for personal injury compensation, although successful claimants now face losing 25% of any settlement awarded to them – BUT ONLY IF THEY SUCCEED WITH THEIR CLAIM.