Being involved in a road accident is traumatic. The experience is shocking even if you did not sustain major injuries, you might acquire psychological wounds which require treatment. Such psychological issues can negatively affect your relationships and performance at your workplace or business. There is no measure of the effects the accidents brings to you. The effects cannot be erased by anything even filing a claim. A claim can, however, helps you financially such that you can afford or find treatment options that help you heal the physical and psychological wounds sustained from the accident. To start a claim, you must fully understand the pros and cons. It is important to access the possibility of winning the claim too. Below are key factors that must be considered before begging a claim.
Factors to consider
Who was at fault during the accident?
For a claim to be successful, you must prove the following. That, the defendant (the person who you start the claim against) owed you a duty of care, they breached the duty, and as a result, you attained injuries. You do not need to prove or establish a duty of care in case of a road accident because road users must observe the duty of care. You must be able to show it clear that the defendant caused the accident. This can easily be done by providing a police report or a dash camera footage, a witness statement or a CCTV footage. If you cannot prove that the accident was the defendant’s fault, then you cannot start a claim.
Do you want to use a solicitor or you want to bring the claim alone?
If you decide to run the claim through a solicitor, you will be lucky to have a legal professional or a team of professionals running the case for you. They will take care of everything from start to the end. Many solicitors operate by no win no fee for road accident cases. This means that you will not pay them if the case fails. Carrying out the case by yourself means that you will have to handle everything on your own. The only advantage with doing the case alone is that you will keep 100% compensation to yourself if you win the case.
Will you use your insurer’s solicitors or you will find one yourself?
If you have an active car insurance cover, your legal claims might be covered such that a solicitor from the insurance firm will take care of the case. With such an option, there is no need to stress because the whole case will be well taken care of. If it is you to choose the solicitor, research and get one from a trusted company. None of the two options are, however, better than the other.