If you have suffered as a result of an accident, you may be wondering whether you are eligible to make an accident claim. There are several factors which go into deciding whether a claim is likely to succeed. For example, you have to take into account the kind of injury you suffered and when the accident took place. A quick assessment of these brief points should help you to decide whether you might be eligible:
Types of Accident and Injury
Any sort of accident that was caused by someone else could qualify for an accident claim. For example, road traffic accidents and accidents at work are commonly used as the basis of a claim. If the accident was caused by the negligence of another person, you could be eligible to make a claim.
However, to decide if you can make a claim you need to take into account not just the type of accident but the type of injury you suffered as a result. Eligible injuries can be either physical or mental. For example, a stress-related mental health issue is just as eligible as a back injury. If someone else's negligence results in you contracting an illness, this could also count as an injury for the purpose of making an accident claim.
If you have suffered an illegible injury in an accident caused by somebody else's negligence, the next question you need to ask yourself is when the accident took place. Typically, you have up to three years after the incident in which you can make a claim. If the accident took place more than three years ago, you may no longer be eligible.
However, it is important to note that the three year period does not always begin from the date of the accident. This will apply if you only later discovered that you had an injury or that it was caused by the accident. In cases such as these, the three year period begins from the date of this disclosure rather than the date of the accident itself.
There are also exceptions to the three year rule. In certain circumstances you may have longer to enter your claim, and may still be eligible even if three or more years have passed. For example, if you were a child at the time of the accident you may still be able to make an accident claim. If your industry was an industrial disease, you may also have longer to make a claim.
If all of the above apply to you, then you may well be eligible to make an accident claim. The next step is to speak to a qualified solicitor. They will be able to advise you on the options open to you, and help you to begin your claim.