I damaged the ligaments in my knee after an incident on my father’s farm. I would like to make an injury claim for a farm accident as I will be miss a considerable amount of work, but I am worried about making a claim against my father as I do not want to put him in a difficult position. Should I pursue the claim?
Making an injury claim for a farm accident such as the one described above can be quite an emotional experience, however you should always remember that your claim for compensation is against your father’s insurance company and not you father. It is also extremely unlikely that you will end up facing your father in a courtroom as the insurance company will probably seek to settle the claim before it reaches that stage.
If you have any concerns however, it is recommended that you speak with a personal injury solicitor as they may have experience in dealing with an injury claim for a farm accident where relatives are involved and will be able to advise appropriately. They will also be able to you collect relevant evidence. A successful injury claim for a farm accident requires strong evidence, therefore you should take photographs of the scene of the accident and if possible obtain contact details of witnesses who saw the incident as their testimony may prove useful later.
Once you have collected this information, you should make a note of your injury describing how it occurred in your farm’s ‘Accident Report Book’. Although it is worth remembering that you are not obliged to mention who you believe is responsible for the incident in this note.
To initiate the process for seeking compensation, your solicitor will send a ‘Letter of Claim’ to your father’s insurance company notifying it about your intention to claim compensation. It then has 21 days to acknowledge the letter and a further 90 days to indicate whether it accepts liability for your injury.
If responsibility for the accident is accepted, your solicitor will enter into negotiations with the insurance company in order to reach a satisfactory settlement on your behalf. It is only if the insurance company does not accept liability that your solicitor will seek to initiate a court proceedings for an injury claim for a farm accident.