How likely am I to win an injury compensation claim?
Many people who start a personal injury claim do not know how likely they are to win. This article explains how claimants can assess their chances of winning a personal injury claim.
The prerequisites to winning compensation?
In order to win a personal injury claim and receive compensation a claimant and their solicitor must be able to demonstrate:
- that there is an entity ( i.e. a person, company, organisation etc) that a claim can be made against
- that the entity has a duty of care to the claimant and was negligent in fulfilling that duty
- that the injury sustained by the claimant was as a result of the accident
Even if the claimant is certain that the blame lies with the defendant, it may not always be possible to establish this. A solicitor will work with the claimant to collate as much evidence as possible with which to build the most robust possible case. Evidence might include photographs or witness statements.
If a claimant does not have any evidence then a good solicitor will advise and assist the claimant on how best to gather evidence after the accident.Back to top
So how likely are you to win?
Assuming that your solicitor is able to demonstrate that the other party was to blame and that your injuries are a result of their negligence, then it is highly likely that your claim will be successful.
The majority of cases are settled out of Court meaning compensation is paid by either the defendant's insurance company or directly by the defendant.
If the defendant does not accept responsibility for the accident then the predicting the outcome of the claim can be more complex.
Call us on 0800 612 7456 to speak to an expert about your claim if the defendant has not accepted liability.Back to top
What if the claimant and defendant are both partly to blame?
Many claimants are surprised to hear that it is still possible to pursue a claim if the claimant was partly responsible for the accident.
Typically insurance companies or Courts agree to a compensation apportionment in line with the apportionment of blame. For more information see: Can I claim if I was partly responsible for an accident?Back to top
Next steps - More information
For more information regarding your likelihood of success, contact Quittance on 0800 612 7456 (or 0333 344 6575 from a mobile).
If you would prefer, you can request a callback for a time that suits you here.