Why evidence can make or break your case
Act, Report, Disclose
If you plan on claiming for compensation after becoming injured because of the fault of another then it’s best to start thinking like a lawyer almost immediately. Evidence is essential when bringing a case forward. Ideally (for the most part), it should be collected from the moment the accident happens. As a firm, Paschal O’Hare Solicitors gathers as much evidence as possible and commissions reports from third-party experts in order to build the best case that we can for our clients.
There is a 3 year timeframe in which a person can submit a claim, starting from when an accident occurred or when the injured person realised they were injured as a result of an accident. Despite these reasonable time parameters, it is much better to pursue compensation sooner rather than later. Memory fades over time and in instances where a plaintiff relies on witness statements, this could become an issue when accurately collecting evidence later. In some cases when a great deal of time has passed, experts that we commission reports from such as medical professionals and consultant engineers may have a tougher time providing a detailed report.
When an accident occurs it is essential that it is reported and documented immediately or as soon after the incident as possible. Although this might be the last thing on an injured person’s mind, the importance of a clear paper trail cannot be overstated. Organisations should have an accident report form if you’re injured on their premises as an employee or visitor. In the case of a road accident, you should notify your insurer even if it was the third-party drivers fault and you wish to claim from their insurance provider. It is often a requirement of a policy to do this but moreover, some insurers will appoint a private investigator to collect evidence which may help you if you decide to pursue a claim. It’s also helpful if you seek treatment from your GP or a hospital soon after you became injured rather than self-prescribing treatment. Aside from formal methods of reporting, it would be useful to take a private note of places, dates and times for future reference.
Disclose every detail
When making first contact with a solicitor to ascertain if you have a viable case, the potential client should provide as much detail as possible. During initial free telephone calls with Paschal O’Hare Solicitors, our solicitors ask lots of questions. From the injured party’s point of view, it might seem like some of the information is irrelevant but we can assure you that the more detail provided the better.
If you have been involved in an accident and don’t think you adhered to the above, all is not lost. Although early reporting is helpful, solicitors are trained to collect evidence in a number of ways and it may still be possible to achieve the same outcome. To find out, contact us for a free, confidential and no obligation discussion.