To be awarded the maximum amount of compensation for your accident, you cannot be responsible in any way for the accident happening. In other words, you cannot have a level of liability above 0 per cent. Unfortunately, if you only have a level of diminished liability, you can expect to receive less compensation. To give you an example, if you are 25 per cent to blame for an accident, then you would be awarded 75 per cent of the compensation that you demand from the other side, unless another arrangement can be made.
It is likely that if you were partly to blame for the accident, then your claim will be settled on a ‘split liability agreement’, where you are awarded less compensation.
However, it is often the case that when you make an accident claim, the other side will admit to their role, and therefore, make things easier for you. Should this happen, then their representative, which is usually an insurer, will pay you the maximum compensation.
How can I make sure I am awarded the full amount?
First, seek good legal advice. For this, you can call an accident advice helpline accident compensation, or you can call a solicitor directly. A solicitor will consider your case and help you establish what your legal rights are, and where you stand.
It is also important not to incriminate yourself. At the scene of an accident, you should admit no responsibility whatsoever. You should also take notes of anything that happened leading up to, during, and after your accident, since these finer details can be forgotten. You should provide these details to your solicitor, so that a clear picture can be formed, regarding how your accident happened, and what your role was in the accident.
Medical evidence and building a strong claim for compensation
It is also important to consider that compensation amounts are determined based on the nature of your injuries, the extent of your injuries, and how your injuries have will affect your life. To determine these things, a new medical file needs to be created, and the only way that this happens is by yourself attending a medical examination.
The examination will likely take place 2-3 weeks into the claims process. It usually takes place at a GP’s surgery, or a hospital (public or private), although if you are too ill to attend, it can happen at your home. The examiner will establish the extent of your injuries, a recovery period and a prognosis for the future. The report created by the examiner will then be accessed by your solicitor, and a settlement demand will be determined from this.