If you have lost a personal injury claim, then chances are you will not be able to make another claim for the same accident. However, your ability to make another claim for the same thing depends on the circumstances of the original claim’s failure.
It goes without saying also, that making a claim twice for an accident you have already successfully claimed for is fraud. To be very clear, in this article, we will be discussing making another claim for something you have already unsuccessfully claimed for.
Circumstances where you may be able to claim twice
If your first claim was unsuccessful because of a lack of evidence, but new evidence has recently come to light supporting your claim, then you will be able to put in a second claim because a solicitor (either your existing one or a new one) will feel as though your case is now a winnable one. New evidence can include witness statements, dash-camera footage, CCTV recordings or photographs. However, to take your case on a second time (and thus open themselves to high risk), your solicitor will need the new evidence to be indisputable.
Another scenario where a second claim may be advised is when past cases come to light that are very similar to your own where a judge has ruled in the claimants favour. Citing past cases is a powerful tool in a solicitor’s arsenal and previous judgements are commonly used by law firms to push through complex cases. At http://www.accidentadvicehelpline.co.uk/ for example, past cases are referred to in order to build the strongest claim possible.
Date of Limitation
Another thing to bear in mind when making a second claim is that the three year limit for bringing forward a personal injury claim still applies. You only have three years from the date your injuries became clear to make a claim, after which your personal injury claim will be time-barred. This can be extended in the case of industrial diseases and under unusual circumstances, but most of the time, that three year limit sticks and applies.
Another thing to consider is that a lot of lawyers will not touch an unsuccessful claim again unless the case is obviously winnable this time around. Lawyers only get paid if their cases win so if there isn’t a win in sight, they won’t take it on. Lastly, if your claim was rejected because the other side believed your claim to be fraudulent, then there isn’t a solicitor in the UK who will take your claim on unless you can prove that your claim is legitimate. At all times, you should consult with a claims expert who will advise you on the best move.