Following a road traffic accident, not all issues are resolved amicably. Sometimes the party at fault refuses to compensate for the damages. At other times, a dispute arises regarding the amount of compensation. In such cases, the protection of the victim’s rights moves to the courts.
The key document is the statement of claim. Its content determines:
- which claims the court will consider;
- which evidence will be assessed during the proceedings.
Therefore, drafting a claim for compensation for non-pecuniary and pecuniary damage following a road traffic accident requires legal justification.
What should be taken into account?
The claim must contain more than just a demand for payment. It is necessary to clearly define:
- who the defendant is;
- which rights have been infringed;
- the amount of the claimed damages;
- the grounds for claiming them;
- a list of evidence.
Errors in the wording of the claims complicate the subsequent consideration of the case.
What damages can be included in the claim?
Following an accident, the injured party is entitled to claim compensation for their losses. Material damages include:
- vehicle repair costs;
- vehicle recovery;
- medical expenses;
- the value of damaged property;
- loss of earnings.
Moral damages are assessed separately. This applies if the road traffic accident has caused physical or psychological consequences.
Claiming compensation for road traffic accident damages through the courts
Not every dispute reaches the courts. However, if an agreement cannot be reached, legal action becomes the primary means of protecting one’s rights. For a successful claim, it is important to confirm:
- the fact of the road traffic accident;
- the existence of damage;
- the extent of the losses;
- the causal link between the accident and the consequences.
It is these circumstances that are examined during the hearing of the case.
Preparation of the evidence by a road traffic accident lawyer
Before filing a claim, it is necessary to assess the available documents. A road traffic accident lawyer helps to:
- determine the sufficiency of evidence;
- compile a set of documents;
- correctly calculate the amount of the claim;
- fill any gaps in the evidence.
The better the materials are prepared, the stronger the claimant’s position will be in court.
Formulating a legal position with the help of a traffic accident lawyer
The court assesses not only the documents but also the arguments of the parties. Therefore, when preparing a claim, a traffic accident lawyer:
- analyses the circumstances of the case;
- identifies the legal grounds for claiming damages;
- structures the claims logically.
This helps to avoid inconsistencies between the evidence and the claims made.
How is a claim filed for legal proceedings following a road traffic accident?
Once the documents have been prepared, the procedure for bringing the case to court is determined. Before filing the claim, it is important to check:
- the accuracy of the damage calculation;
- the completeness of the evidence;
- the defendant’s details;
- proof of expenses.
Once proceedings have commenced, the court examines the evidence. It then assesses the validity of the claims. The quality of preparation has a greater impact on the outcome than the quantity of evidence.
It is also important to understand who to file a claim against. The defendant is determined depending on the circumstances of the case. A claim may be filed:
- against the person responsible for the road traffic accident;
- against the insurance company;
- against several parties simultaneously, if there are legal grounds for doing so.
Incorrectly identifying the defendant leads to delays in the proceedings. Therefore, this issue should be resolved before going to court.
Legal assistance from Svarog
Drafting a claim is not merely a matter of filling in a form. The subsequent course of the case depends on the content of the statement of claim. Svarog’s lawyers assist with:
- determining the extent of the damages;
- gather the necessary evidence;
- draft the statement of claim;
- calculate the amount of the claim;
- represent you in court.
We analyse the case before filing a claim. We therefore formulate a legal position taking all circumstances into account. This helps to avoid mistakes that could affect the outcome of the dispute.
If you need to draft a claim for compensation for personal injury and financial loss following a road traffic accident, contact the lawyers at Svarog.
Questions and Answers
How do I file a claim for compensation following a road traffic accident?
Identify the defendant, calculate the damages, gather evidence and set out your claims in accordance with the requirements of procedural law.
What damages can be claimed following a road traffic accident?
You can claim compensation for repair costs, medical treatment, loss of income, damaged property and non-pecuniary damage.
How do you prove non-pecuniary damage following a road traffic accident?
This is done using medical records, expert opinions and other evidence confirming the adverse consequences.
What documents should be attached to a claim following a road traffic accident?
Typically, accident reports, damage assessments, receipts, medical records and other evidence of the losses incurred are attached.
Who should a claim be filed against following a road traffic accident – the person at fault or the insurer?
This depends on the nature of the claims and the circumstances of the case. In some cases, a claim may be filed against several defendants simultaneously.
How much does it cost to prepare a claim following a road traffic accident?
The cost depends on the complexity of the case, the number of documents and the amount of preparatory work involved.