Obtaining damages for personal injury can be a daunting task especially if you're not familiar with the procedures. If you have suffered a personal injury in an accident within the last three years that was not your fault you can usually make a claim from against the other driver involved. Most drivers are insured and a claim is effectively made against the insurers however a significant percentage of drivers are uninsured and in these cases a claim must be made to the ‘Motor Insurers Bureau' (MIB) which is a fund set up to compensate the victims of uninsured or untraced drivers. The MIB has complex technical rules and these cases should always be supervised by a solicitor to ensure that the opportunity to claim is not lost due to an inadvertent breach of the MIB rules.
To claim damages you need to be able to prove that the
collision was not your fault and that someone else was responsible.
That means that it is necessary to prove negligence. In simple terms
negligence is a failure to take reasonable care for the safety of
others. Even if a driver is partly to blame it is still possible to
claim against the other party using the doctrine of ‘contributory
negligence'. This means that if the accident was 30% your fault, then
any damages that would otherwise have been paid by the other driver's
insurers on a full liability basis are reduced by 30%. This type of
arrangement does of course open the door for the other driver to claim
30% of his full liability damages against your insurers.
Certain classes of claimant can never be held to contribute
including passengers who will always recover damages in full not
withstanding that it may have been their own driver who was at fault.
One spouse will often be able to claim car accident compensation
against their husband or wife if they are injured in an accident caused
by their driver's negligence. Degrees of family relationship are
irrelevant when considering compensation for negligence.
Notwithstanding that car accident compensation claims are
commonplace there are large numbers of solicitors who deal with them as
only part of their workload and could not by any stretch of the
imagination be said to be experts. Our solicitors deal exclusively in
accident claims involving personal injury and many of them deal only in
road traffic claims. Whilst almost any firm of solicitors will take on
one of these claims it might no be your best bet to use someone who is
not engaged in this work full time. We can guarantee you that your case
will be handled by a specialist who is a member of the Law Society
panel of personal injury experts and is also a member of The
Association of Personal Injury Lawyers. Our solicitors all have a track
record of many years' successful claims settlements and your case will
be in safe experienced hands.
Compensation that can be claimed is divided into two categories;
Special Damages represents compensation for items that can be
calculated accurately and includes lost wages, medical expenses,
damaged property and general expenses.
General Damages represents compensation for items that in the
main must be assessed by a Judge and include pain and suffering for the
injury, damages for loss of a desirable life style and loss of
opportunity on the open labour market in the future.
The assessment of damages for pain and suffering is a matter of great difficulty. Money can never adequately compensate for physical injury however Judges use the wisdom of previously decided cases and are guided by a publication from 'The Judicial Studies Board' which sets of the basic figures applicable for various types of injury. Awards made by Judges may also be subject to appeal to a higher court if one party finds the award unsatisfacto.
An important ulterior goal is to give at least a preliminary evaluation of the contention that both the number and the cost of claims have been driven to record levels. If the figures bear this out, it would lend support to those who consider the UK to be gripped by a compensation culture, and undermine the Government's view that, although the compensation culture is a myth, the public's erroneous belief that it exists results in real and costly burdens.
Compensation Recovery Unit statistics say that the number of
claims has increased only by three per cent in the last five years. The
more detailed figures reveal that not all types of injury have
reflected in this small increase. In particular, it is notable that
accident claims have actually declined, and it is the substantial rise
in claims for disease that accounts for the overall increase.
The Insurers' Bodily Injury Awards Studies. Throughout the
period studied, legal costs, including both claimant and defendant
costs, averaged 30 per cent of the total motor personal injury claims.
This means that legal costs continued to increase by more than double
the rate of the rise of national average earnings.
National Health Service statistics provide that there has undoubtedly
been a very great increase in clinical negligence claims in the last 30
or so years. The Pearson Commission reported in 1978 that the number of
claims of malpractice against doctors and dentists (including those in
private practice) had been running at about 500 a year. By 1990-1991,
the estimated number of new medical claims made against the NHS in
England had risen to between 5419 and 6979 for the year. The
Oxfordshire study reported a "steady growth" in new claims in the
period 1974-1998. In answers to Parliamentary questions in 2005, the
number of claims made from 1996-2004 was broken down, using information
supplied by the NHSLA. These figures confirmed the "continuation of the
downward trend" in claims numbers that has been evident in recent
years. They now are close to the lowest estimate for the year
1990-1991, coming down from a peak in the period 1997-2002. Cost of
claims A complete picture of the NHS's annual expenditure on clinical
negligence compensation in England is available from 1996. This reveals
a general upwards trend up to and including the year 2004-2005. The
figures are startlingly higher than those available for the start of
the 1990's, when the annual cost of clinical negligence compensation
was reported to have been £53.2 and £51.3m in 1990-1991 and 1991-1992
respectively. Even these are very much higher than the estimated figure
for 1974-75 of £1m. In claims for clinical negligence that were closed
by the NHSLA in 2004-2005, defence and claimant costs were equal to,
respectively, 13.76 per cent and 19.81 per cent of damages.
Outstanding liabilities for clinical negligence One of the most frequently misapplied statistics in the current compensation culture debate is the annual estimate of the NHS's outstanding liabilities for clinical negligence (including both known and unknown but expected claims, and taking into account the likelihood of settlement). This has risen from £3.2 billion in 1999 to £5.9 billion in 2003 and £7.8 billion in 2004. The figures refer to liabilities that the NHS claims will arise over a longer period of time, and are very much greater than the sums that are actually paid out on an annual basis. Estimating the cost of outstanding liabilities is an exercise that is fraught with difficulties and the resulting figure representing a "worst case" scenario has been heavily criticised. Although the estimate of outstanding liabilities is frequently cited in the press and media, it must be handled with care. It would be quite wrong, for example, to use it to calculate the percentage of the annual NHS budget that is currently spent on clinical negligence compensation. These figures provide the basis for an initial examination of the claim that a damaging compensation culture has developed in the UK in recent years.
If you or someone in your family have been hurt by an accident that was not your fault then you should think about claiming compensation. You may win quite a substantial amount of damages that could help you out of a tricky situation. Having an accident can cause you to go into unnecessary debt. You may need time of work to recover or to go to the hospital and receive treatment. You might have ruined expensive clothing that needs replacing. If the accident was the fault of someone else then any expenses you have incurred since the accident should be paid by the responsible party. These can be easily obtained by enlisting the help of an expert accident claim lawyer.
There are many accident claim lawyers in the UK but you need
to be careful that they are not charlatans. Most solicitors now work on
a ‘no win no fee' basis but they all have different options for what
happens if the case is lost and there are fees to be paid. A good
lawyer will be honest and direct and tell you exactly what they can do
for you and how much it will cost in the event of loosing the case.
They will explain the costs and go over all the fine details. A good
lawyer will only take the case on if they think they have a good chance
of winning. They should be able to assess your case straight away and
tell you whether it is worth pursuing.
Once you have chosen to go ahead and make an accident claim
there is a small possibility that the case could go to court. This is a
very small percentage something like 5% of all accident claims end up
in the courts. If it does however and you win the case then the other
party's insurer will pay your solicitor's fees, expenses etc. If during
the course of the claim you have paid any fees, such as medical fees or
witness fees, you will be reimbursed for them in full. Most solicitors
will ensure that you get 100% compensation without any percentage being
deducted for fees or costs. If your solicitor discloses that you may be
responsible for some of the fees or that a percentage of your
compensation will be deducted upon settlement, consider finding another
lawyer to discuss your options before committing to any one lawyer. A
good lawyer will have some insurance polices to cover yourself and the
lawyer in the event of loosing your accident claim.
Under the Conditional Fee Agreement, better known as No Win No
Fee, if your accident claim does not succeed, you do not have to pay
any legal costs to your solicitor—these costs are paid by insurance.
There is a possibility of fees that you will incur, such as witness
fees, and in a worst-case scenario, some defence costs if you lose your
case at trial—however, your solicitor can help you to insure yourself
against these fees before you begin your claim.
All of this should not put you off making an accident claim. It
is your legal and civil right to be compensated for any wrong doing to
yourself. You didn't ask to me run over, or have a finger cut off. You
didn't ask to slip over in a shop and break you leg, back arm or
whatever. It was an accident. And as long as it was not your fault you
will be entitled to compensation.
The amount of compensation you will receive will depend on the
seriousness of the accident and the extent of suffering and pain you
went through. For a list of the latest general damages awards for this
year visit our claim calculator.
You are daft if you can't be bother to sue for damages. All it takes is a phone call and then a questionnaire to fill out describing the accident and those involved. The Lawyer then takes up the case and does the rest for you. SO it really is worth making that call and filling in the form they send you. In a few months time you will be sitting on a nice sum of money which could pay for a well earned holiday.
Every worker has a responsibility to accomplish the tasks that his employers are paying him for. In the same manner, employers also have a responsibility to make sure that the rights and health of their workers are well protected by the company or the people they are working for.
The law places a heavy responsibility on the shoulders of every employer in relation to any injury that the workers might suffer a consequence or in relation to their jobs. If you have suffered any personal injury as a result of work or the lack of care by your employers then they are liable for that injury. Consider these tips on how to win your employer liability case.
1. Make sure you have a work contract signed by your employer. An employment contract is proof that you have indeed been hired by the employer. It also shows your job description, benefits to be received as disciplinary measures that will have to be taken by the employer in case of breach of contract. Such a contract will not only prove the abovementioned matters but will also be an important document to help you win your employer liability case.
2. Always read and keep a copy of the employee handbook. Most workplaces issue this handbook which may include the specific rules of the employer, disciplinary measures as well as health and safety matters related to your employment. Keep this handbook because you never know when it might come handy when you are filing an employer liability case.
3. be aware of the labour or employment laws that are prevailing in your city or locality. Knowing which laws apply to you can be a very potent weapon in helping you win a case against your employer later on.
4. Recognize the importance of joining labour organizations in your workplace and the management stance for or against these groups. Also check employer rules in joining labour organizations when you are still new to the company.
5. Gather evidence on the action taken by the employer whenever there are accidents in the workplace or injuries that are work related. Knowing these things will help you in making a decision later on especially when you are the one involved in the incident t.
6. Get a medical certificate immediately after an accident or a work related injury. There may be a company doctor but it would do you better if you consult an independent doctor who can issue you a medical certificate as to your mental and physical condition after a work related accident.
7. Check if your employer has liability insurance. The liability insurance of the employer will aid the latter in paying for any injury suffered by his workers as a result of a work related injury. An employer who has this insurance may be more responsive to your employer liability case since the bill will be paid by the insurance agency.
8. Determine the liability of your employer in any work related incident. Your employer will always prove he is not liable for the injuries sustained by you but if you are well ahead of his thoughts and actions then you can gather enough evidence to determine his negligence which will prove his liability.
9. be comfortable in the knowledge that your employer has no right to terminate you just because you have been injured in a work related accident. In fact your employer has the responsibility to continue paying your salary and wages while you are being treated or even while recuperating for the work related injury.
10. Get a good solicitor who will help you file your employer liability case and prosecute it. No matter how strong your case is you will never get the proper benefits that are due any worker who has suffered a work related injury. A solicitor has the necessary experience on these matters and he can help you win your employer liability case.
Filing an employer liability case can be complicated and stressful especially if you have suffered an injury which has kept you away from your job. Make sure you do not suffer the consequences of a work related accident without getting proper compensation for it.
Have you been involved in a vehicle accident? Then you may be suffering from whiplash injury as a result of the abrupt acceleration or slowing down of the neck and the head during an accident. This happens when your head has been abruptly thrown in any direction because of a sudden break or change in the speed of a vehicle.
A whiplash injury can be painful and can debilitate you for a specific period of time. If you are filing a case then it might be helpful to consider the following tips to help you win your whiplash injury case.
1. Get a medical certificate. This tip should be a priority if only to set on record that you have suffered a neck sprain as well as other injuries as a result of that vehicle accident. This medical record is very important to prove your case.
2. Get the services of an experienced whiplash injury solicitor who can help you in filing the case. He can also give you advice on how to prosecute the case properly if you want to win your whiplash injury case.
3. Get photographs of the vehicle accident. If you have a camera during the accident then it would do your case a lot of good if you can get shots of the actual accident. If you are heavily injured then you can ask someone to take photos of the accident as these photos will be very important later on.
4. Have a thorough medical check up a week after the accident if you are still feeling dizzy or you are experiencing blurred vision or have trouble concentrating. Watch out for any whiplash injury symptoms like irritability or depression and consult with your doctors immediately so he can add it the symptoms to your medical file.
5. Aim for the greatest financial compensation as much as possible. A person suffering from a whiplash injury can get compensation of up to two hundred pounds or more depending on the injuries sustained. If you can prove the severity of your whiplash injury then you might get a higher compensation.
6. The compensation you can get from a whiplash injury should not only be for the physical injuries you have suffered. You also deserve compensation for loss of wages and other opportunities because of the injury.
7. Always go for the complete test after a vehicle accident. And I mean not just the doctor checking your pulse or your heartbeat or any other visible injuries. It also means getting the X-rays a CAT scan or other tests. If you are paying for all of these tests then keep the receipts as you may need them when filing the case.
8. Try to get a solicitor under the no win no fee agreement. If you are hesitant about filing a whiplash injury case because you are concerned about your financial capacity to pay your solicitor then do not worry because there are personal injury solicitors who will offer their services under this scheme.
9. Check the documents that an insurance company will present you in an effort to negotiate a settlement. Make sure your solicitor has reviewed the settlement agreement because there may be terms that are not favourable to you like you may be agreeing that the insurance company will pay you in instalment or that you can no longer get additional compensation even if you discover a greater in jury later on.
10. Check your timeframe. A whiplash injury case can be filed in court within three years from the time of the injury. If you fail to file your case within this period then you may no longer have any whiplash injury case to prosecute much more to win. There are legal procedures that must be observed and no matter how serious your whiplash injuries are you will no longer get compensation if you fail to assert such right on time.
A whiplash injury can be horrible and can a very traumatic incident. It is only fair that those who were at fault for the incident should be penalized by asking them to compensate their victims. Help yourself get the proper compensation in your whiplash in jury case by considering these tips as the basic guidelines when filing your case.
