For you to be able to claim general damages, you must have evidence which demonstrates how someone else’s negligent actions led to your pain, suffering and loss of amenity. 

We can do this through presenting documents such as:

• CCTV or dashcam evidence if your accident was caught on camera
• A copy of the accident report in the accident book if this took place in the workplace or a public venue, such as a supermarket
• Medical or GP records to demonstrate the extent of your physical or psychological damage
• Photographs of your injuries
• Contact details of anyone who might’ve witnessed your accident

As well as evidence, you must also start your claim within the limitation period. This time limit is established in the Limitation Act 1980, which gives claimants 3 years from the date of the injury to start a claim.

There are two exceptions to the time limits, where the claimant is unable to manage their own proceedings. The exceptions are:

• If the claimant is mentally incapacitated. Here, the time limit would run from the date of recovery (if mental capacity is regained).
• If the claimant is under 18, a minor can’t make a claim for themselves. Here, the time limit would run from the date of their 18th birthday to the date of their 21st birthday.

In both of these types of claims, a litigation friend could make a claim on the injured party’s behalf. You can either apply to be a litigation friend or be appointed as one by the courts. Here, you would be responsible for the claimant and advocating in their best interests.

To learn more about evidence, time limits, or using a litigation friend, please contact us today.