Workplace accidents are one of the leading causes of injury in the country. In cases like this, employees will often seek legal advice about their options, and be informed that they may be able to make an injury claim if they do so within the three-year limit of the accident happening. Before you do decide to go down the legal route, it’s important to know a few things about the limitations on this type of accident claim.
- There Is a Time Limit: You must make a claim according to the Date of Limitation rule, which is within three years of the accident having first occurred, or being first diagnosed. The only exemption to this rule is if you were under the age of 18 at the time of the accident, in which case the time limit begins from the age of 18.
- Liability: Personal injury claims are also subject to the level of liability. In order for there to be a claim made, the workplace accident cannot be the total fault of the claimant. If the injury is wholly or even partly attributable to the employer, then a claim can be made. This is commonly determined through CCTV records, employer history and statements.
- Pay-Out: If it proves to be the case that you were also partly responsible for your accident, then any payout is likely to be less than if it was the total fault of the employer.
Choosing the Right Lawyer for Your Claim
Personal injury claims are commonplace, and it is always best to hire a lawyer for the following reasons.
- Your Best Foot Forward: You want your claim to be presented in the best legal light possible. This is why it is essential to hire a lawyer who is experienced in representing personal injury claim litigants. Leave it to the legal experts to persuade the magistrate, rather than those who are less experienced!
- Legal Options: Though it may not always apply, your lawyer can present you with legal options should your case become complicated.
For any legal case, it is wisest to hire a lawyer with specific experience in the legal area you are pursuing. To do otherwise could lead to a less than presentable case in court. You may also strongly consider the following additional criteria for choosing the right lawyer and legal firm for your case:
- No-win No-Fee: Some legal firms operate strictly on a no-win no-fee basis, so that if you happen to lose your case, you don’t need to pay the legal firm. Before committing, it is always best to check if there are any terms and conditions around this feature.
- Law Society Membership: It should go without saying that the only lawyers you should be hiring are those who are fully paid up members of the Law Society!
Present Your Best Case
Before deciding on a lawyer, make sure that you can make a claim based on the legal criteria. If you fit within the criteria, find a legal firm with experience in personal injury claims and ask as many questions as possible.