An Introduction to Eye Injury Claims
Many people are aware that eye injury claims enable you to receive compensation when you have injured your eye in an accident for which you were not totally to blame. However, as eye injury claims for compensation are something that few people experience more than once in a lifetime, the fear of the unknown can often dissuade people entitled to compensation for an eye injury from making a claim.
This article aims to provide general advice about making eye injury claims for compensation and some of the procedures that are involved, but is no substitute for discussing the circumstances of your accident and the consequences of your eye injury with an experienced personal injury solicitor – especially at a time when you may still be in considerable pain from your injured eye and unable to carry out many of the procedures yourself.
Eye Injury Claims and Your Health
The most important factor in eye injury claims is your health. Although you will have sought professional medical attention at the earliest practical opportunity after having injured your eye, it is important that throughout the eye injury claims process you keep to any appointments that have been made following your discharge from hospital in order to avoid claims by the negligent party´s insurers that you made your eye injury worse by your own lack of care.
This type of “contributory negligence” will not disqualify you from claiming eye injury compensation, but it could affect how much compensation for an eye injury you receive. The same applies if you try – before you are physically able – to make the appropriate eye injury accident reports or collect evidence of negligence needed to support eye injury claims.
Accident Reports and Eye Injury Claims
Most motorists, employers and other persons with a duty of care for your safety in places of public access – i.e. pavements, restaurants and supermarkets – will be genuinely distressed when their negligence has resulted in you sustaining an eye injury and will often willingly admit liability for your injured eye. However, insurance companies will require proof of negligence when eye injury claims for compensation are submitted to them and it is therefore necessary that the appropriate accident report is submitted with your claim.
Depending on the nature of the accident which resulted in your eye being injured, an accident report should be made to the police if they did not attend the scene of a road traffic accident, made to your employer – if your eye injury was due to an accident at work – or recorded in the “Accident Report Book” held by the place of public access. A copy of the accident report in which the circumstances of your accident and eye injury are recorded should be kept to submit to the negligent party´s insurers with your claim for eye injury compensation.
Supporting Claims for a Eye Injury
The more evidence of negligence you – or a solicitor on your behalf – are able to supply when submitting claims for a eye injury to the negligent party´s insurers, the quicker your claim will be resolved and the more likely it is that you will receive your full entitlement to eye injury compensation. In addition to eye injury accident reports, the conclusions of any Health and Safety Executive investigations, CCTV video and statements from witness to your accident can help support claims for an eye injury.
Whereas it may take some time to collate all the evidence of negligence to support your claim for an eye injury, this should not prevent you from initiating eye injury claims – or speaking with a solicitor – at the first possible opportunity. The negligent party´s insurers have ninety days from the receipt of your letter of claim for an eye injury to conduct their own investigation and, even when liability is admitted after this time, it may not yet be established how much compensation for an eye injury you are entitled to.
How Much Compensation for an Eye Injury?
How much compensation for a eye injury you are entitled to is based upon the severity of your injury in relation to your age, gender and general physical condition prior to the accident occurring, and eye injury claims will also take into account the impact that your eye injury has on your quality of life and your lack of ability to complete day-to-day tasks. You can also claim eye injury compensation if you have suffered a quantifiable emotional trauma as a result of your eye injury, recover any expenses which are directly attributable to the accident in which your eye was injured and reclaim income you have lost if you are unable to work.
It is important that you do not accept any offer of eye injury compensation before undergoing a full assessment of your eye injury claim by an experienced solicitor. It is possible that you may be approached directly by the negligent party´s insurers with an offer of compensation for your eye injury but, if you inadvertently accept it – and it proves to be inadequate to cover your medical expenses or living costs – you cannot go back to the insurance company and ask for more eye injury compensation.
“No Win, No Fee” Eye Injury Claims
“No Win No Fee” eye injury claims were first introduced in the mid-1990s when the Government restricted access to Legal Aid. The concept of “No Win, No Fee” eye injury claims is that, if your claim for eye injury compensation is considered to be sufficiently strong, a solicitor will offer legal representation on a conditional fee agreement. This agreement states that if your claim for eye injury compensation is unsuccessful, the solicitor will not charge you for his or her legal fees.
This does not necessarily mean that “No Win, No Fee” eye injury claims are always free of charge. The acceptance of claims for eye injury compensation under a conditional fee agreement is not a guarantee of success and, if your eye injury compensation claim is unsuccessful, you will be liable for the negligent party´s legal costs. Your solicitor will explain how you can insure yourself against the risk of financial exposure prior to offering to represent you in “No Win, No Fee” eye injury claims.
Further Information on Eye Injury Claims
A survey recently conducted by Millward Brown for the UK Department of Justice revealed that up to 35 percent of people who were qualified to make eye injury claims for compensation did not do so because they did not know how. If our article on eye injury claims has raised more questions than provided answers, you are invited to call our freephone helpline and discuss the circumstances of your accident and eye injury with an experienced personal injury solicitor.
Without any obligation on you to proceed with a claim for eye injury compensation, our solicitor will clarify any issues you may be unsure about in relation to making eye injury claims, establish whether you have a eye injury compensation claim which is worth your while to pursue and guide you through the procedures which are relevant to your specific claim for a eye injury.
All calls to our freephone helpline regarding eye injury claims are naturally confidential and, if now is not a convenient time to talk with us, please take a minute to leave your contact details in one of the Callback Request boxes and a member of our helpful legal team will be in touch to discuss how we can help you to make a successful eye injury claim for compensation.