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To have the best possible chance of succeeding with a claim for personal injury compensation, there are key things that a claimant must do, and important details that must be recorded so that evidence and records can be obtained by your specialist solicitor. Not only is it a good thing for people to understand the claims process, but it’s essential for people to know what to do after an accident in terms of ensuring that they don’t miss anything important that will help their solicitor when it comes to proving that the 3rd party are liable, and therefore responsible for making a settlement of compensation to them.
There are things you can do to help your solicitor settle your claim as quickly as possible, things you can do to maximise your claim settlement and make sure that you have reported the claim to the correct people. But what are the things you should never do after an accident? What kind of mistakes can people make that would render their otherwise strong claim weak? Here, we take a look at what any person who has suffered a personal injury should not do – especially if they want to have their claim pursued on a no win no fee basis. Having knowledge of what not to do should help you to ensure that you have the best chance of succeeding with your claim for compensation.
Don’t avoid seeking medical attention
A common mistake people make after suffering an injury is that they don’t bother to seek professional medical attention. The classic British ‘stiff upper lip’ attitude often leads to people not wanting to bother their doctor, or thinking that there won’t be much the NHS can do, so rather than seeking help, they rest up at home. Whilst we can all appreciate someone not wanting to be a burden, failing to seek medical attention after an accident can cause real problems when it comes to making a claim for compensation.
Medical evidence is always important when it comes to proving the extent of an injury and your solicitor will want to see your medical records during the processing of your claim. If you have not sought medical attention from a GP, A&E or other suitable professional, your prospects of succeeding with a claim for personal injury compensation become much lower. Receiving medical attention isn’t necessarily vital when it comes to claiming, but failing to seek it is unwise and there really is no excuse.
Don’t lie or provide inaccurate details
Another mistake people make is that when they do seek medical attention, they fail to accurately report how the injury was sustained. Worse than this, occasionally people have lied and said an injury was sustained in a manner that is completely unrelated to the genuine cause. It is essential that there are no contradictions when it comes to how your solicitor presents your claim and what your medical records state. If this happens, your claim is destined to fail. It’s always important to be honest – even if you are trying to protect someone whilst confused in the immediate aftermath of an accident.
Don’t let the accident go unreported
Another error people often make is that they fail to properly report and record the details of their accident and injury to the right people. Whether they fail to use the accident book or even if an employer refuses to cooperate and allow them access to the accident book, there are steps anyone can take to make sure that the details of their accident are on record, indeed for further information read our article about how to properly record and report the details of your accident.
If an accident and injury are not reported, a defending insurer will find it easy to bat a claim for compensation away and say that as there is no record of it being reported, how can the client prove that the accident happened? It comes down to liability, and if you fail to report your accident properly, your chances of succeeding with a claim diminish greatly. It is particularly important when it comes to recording details of accidents at work.
The ‘to not do’ list
Here is a summary of what not to do!
- Don’t lie about anything. If your injuries were sustained through no fault of your own, there is no need to tell anything other than the truth.
- Don’t forget to report your accident to the right people.
- Don’t forget to obtain details of witnesses
- Don’t exaggerate any injuries or losses – you will be found out if you do and this could lead to you losing your entire claim, even the honest part.
- Don’t refuse medical treatment. We know you’re tough and don’t want the hassle of going to the doctor or hospital, but if you don’t, how will you prove the extent of the discomfort and suffering caused to you?
- You should also never avoid contacting an expert. We know your rights and can help you to make sure that you build a strong claim with every chance of succeeding.