Accidents and injuries are but a few inevitable vicissitudes of life!
One may take all the precautions one ought to take, have all the training one ought to be given, but for no fault of your own, all it takes is a moments indiscretion by another, may it be your boss, your neighbour, your local authority or a fellow road user, you happen to be at the wrong place at the wrong time and you could be a victim of an accident.
If and when the misfortune of an accident befalls you, it can most certainly be a cause of stress and inconvenience to you, but more disconcertingly it can also result in you suffering injuries, damage to your property and many other financial losses which you could not have possibly foreseen.
If such a misfortune does befall you, it is imperative you know your rights and you know how to go about claiming those rights.
Test to determine you have a claim
If you are ever the victim of an accident, the first question you need to ask is who was at fault?
It could be that your line manager had not implemented the correct safety procedure, it could be that your neighbour had failed to remedy a leaking pipe, your local council had failed to repair a damaged pavement or it could be that the driver behind you had been busy on his phone and failed to notice that the lights had turned red!
Whatever the case maybe you need to identify who was at fault.
Having identified who was at fault the next question you need to ask yourself is, did I suffer an injury damage or loss as a direct result of that person’s fault.
Once you have found the answers to the first two questions, you need to ask the most important question of all, did that person at fault owe you a duty of care. Determining if there was a duty of care is a complex procedure which requires the application of facts to law and hence the assistance of independent legal advice becomes imperative and is strongly advised.
Independent Legal Advice
There are many, for example the fault party’s insurer, who would attempt to approach you on the pretext that they shall provide you with independent advice. But behold the proverbial “wolf in sheep clothing”! Anyone who does not have your interest as their sole cherished prerogative is not independent by definition.
An independent legal adviser would have to be a Solicitor who has no dealings with the fault party but would only champion your cause without any form of bias or prejudice.
Therefore to ensure that your rights are claimed to its fullest extent, if you ever suffer the misfortune of an accident, ensure that your chosen representative is independent from any form of affiliation with the fault party.
What you can claim
Once you have established who was at fault and you have obtained independent legal representation, you need to comprehend what you are entitled to and how much you are entitled to.
If say for example you suffer a Road Traffic Accident for no fault of yours, amongst others you may lose the use of your car, you may suffer serious injuries which impedes your ability to attend to work at present or in fact ever get back to work, suffer other damage to your property such your laptop or items of clothing, etc.
At this juncture it is not rocket science for you to appreciate that you are entitled to have your car repaired or have the value of your car paid out. However, what will you do between the time your car is repaired and the time of the accident? What will you do if you have third party insurance cover only? What would you do if you cannot afford to buy a new car, do the repairs or hire rental car? How will you get to work? How will you attend to you daily family chores?
Many are unaware of this, as the “Wolves in sheep clothing” would prefer it that way in order to protect their own financial interest, but did you know that you are entitled to a hire car on a credit basis? This means that if you cannot afford to replace your damaged car you are entitled to hire a vehicle on a credit basis, which means you do not need to pay a penny up front for the replacement vehicle. A credit hire company recommended by your independent legal adviser will provide you with a rental vehicle on credit, for you to use until such time you are able to either repair your vehicle or you are able to purchase a new vehicle.
Thereafter you are entitled to claim that entire credit hire bill from the fault party.
This is but one of several examples of claims you are entitled to in the event of an accident for which you were not at fault.
In addition, compensation for your injuries, your damaged items of clothing, loss of earnings you suffered as a result of being unable to go to work, the holiday you had to cancel due to the accident, expenses for additional personal care you required, expenses for public travel you had to incur and many more are all claims or head of claims you are entitled to. This by no means is an exhaustive list and all the more reason for you to ensure that your Legal representative is at your corner dedicated to your interest and will ensure that all claimable heads of the claim are claimed!
Making a claim
Therefore to ensure that following an accident, you are not left out of pocket, for no fault of your own or to ensure that if you do suffer losses, you are justly, fairly and appropriately compensated, and that you are able to claim the maximum you are able to claim, ensure that you know your rights and you know how to enforce those rights!
Knowing your rights is just the battle won. But if you need to win the war, you need to have the most proficient and independent Legal advice to guide you through the facts, figures and the laws to ensure that you are… Truly compensated!
We at Freeman Harris have been assisting such Victims for over a decade and continue to do so with independence and integrity and if the need ever arose, we would be more that pleased to champion your cause, to win the war for you, to ensure you enjoy the fullest extent of your rights to the loftiest heights of the Law.
