The anatomy of a successful RTA personal injury claim

One of the most frequent questions our clients ask us is: what do I need to do to ensure a successful personal injury claim after a road traffic accident (RTA)?

While every RTA, client, and case is different, the framework that leads to a successful claim always remains generally the same. Of course, in making a personal injury claim following an RTA, you also need to consider that the other party will also have their say. Overall, you must ensure that your case is as robust as possible to give you the best chance of getting the compensation you deserve.

Let’s look at what you need to do to give your claim the best chance of success.

Proving the other party was liable for the RTA

This is the most vital aspect of any RTA personal injury claim. If you’re unable to prove the other party was liable for the accident and your injuries, you won’t be able to claim compensation.

How easily you can prove the other party was liable – or whether they quickly admit liability – will often depend on the circumstances behind the accident.

For example, if your car was hit from behind by a driver using their phone while you sat stationary at the traffic lights, it will be easy to prove liability even if the other driver didn’t admit liability themselves.

In contrast, if you had a single-vehicle RTA and believe your local authority is to blame due to the road being in a state of disrepair, you might have to gather more significant evidence to build your case, especially if the authority disputes what you’re saying.

The best way to prove liability for an RTA is to start gathering evidence at the earliest opportunity. If you didn’t take photographs of the scene at the time of the accident, it’s best to return as soon as possible – assuming it’s safe to do so – and take whatever photographs you can.

Learn more about what to do after an RTA.

Establishing causation

Proving the other party was liable for the accident – or them admitting it – is the most significant hurdle to overcome when making an RTA personal injury claim. However, the other party accepting liability doesn’t necessarily mean you’ll be entitled to compensation.

Next, you’ll need to demonstrate the circumstances resulting from the RTA and that they caused your injury.

Say, for example, that your RTA led to you suffering a significant whiplash injury but that you already had bruised ribs after a heavy tackle when playing football with your friends. In this case, you’d only be able to claim for the whiplash injury and not the bruised ribs. However, if a medical examiner establishes the RTA had made your rib injury worse, you may then be able to claim compensation for the worsening of the injury, but not the initial injury itself.

Learn more about determining if your injuries mean you can make an RTA personal injury claim.

Highlighting the damage caused by the RTA

When it comes to your injuries, there is some overlap between establishing causation and highlighting the damage caused.

However, the damage you can suffer from an RTA extends far beyond injuries. For example, you might have to take time off work or could potentially even lose your job. In addition, if your car is off the road, you might need to use public transport to attend medical appointments. Each of these circumstances can leave you out of pocket. Thankfully you’ll be able to claim for such losses on top of claiming compensation for your injuries.

For the injuries themselves, you will need to establish and highlight the damage with an independent medical report. In addition, it’s usually best to wait until you’ve made a full recovery from your injuries before settling on a compensation figure so that you have a complete picture of how your injuries have affected you and your losses.

How easy is it to make a successful RTA personal injury claim?

It depends on the specific circumstances behind your RTA and your case. In some cases, establishing liability for the RTA and drawing a line that connects the RTA to your injuries and other losses will be straightforward. In others, the circumstances behind your RTA and your claim may be more complex, so it could take longer to build a case, even if you or your personal injury specialist are ultimately confident you will reach a successful outcome.

Do you want to give your RTA personal injury compensation claim the best chance of succeeding?

Contact us for a free, no-obligation review of your potential RTA personal injury claim.

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