Category Archives: legal

What Do I Need With Accident Compensation?

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If you’ve been involved in an accident that wasn’t your fault then it can be very easy to simply be glad that it wasn’t worse.

What you might not have considered is how much the injury has actually affected your life. Whilst you might not feel you need compensation for the pain you went through, what about for any wages lost after your injury? If you were unable to work then you’ve lost out on money you would have legitimately earnt, all because of the actions (or inaction) of somebody else. Accident compensation will cover this.

You may have incurred extra costs for transport due to being unable to drive with your injury, or you might have ended up out of pocket because of any medical costs that you had to pay or contribute to. All of these things are costs that have put you out of pocket through no fault of your own and you deserve that money back.

The way to do this in most cases is by getting in touch with some expert accident solicitors and finding out all about accident claims and how to go about pursuing one. If there is an out of court settlement or the accident claim is settled in your favour when it goes to court then you can find yourself reimbursed for all your expenses. You won’t even have to pay the legal fees, as these will be paid for by the defence under ‘Win, No Fee’ legislation.

Why You Should Make An Accident Claim

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If you’ve been involved in an accident that wasn’t your fault then you’ll know how frustrating it is to know that all of the pain and suffering you’re going through is due to the actions of somebody else. It can feel as if there’s no course of action you can take to seek justice and whatever you do, that person will never be held accountable for what they did.

That, however, is not correct. By pursuing an accident claim you can seek accident compensation for the injuries that you have suffered. The amount of compensation that you receive will be based on the severity of your injuries and how much compensation was given out to claimants in similar situations. The person responsible for the accident, or any insurance company they might be with, will be forced to pay you this remuneration.

It’s not just the immediate suffering that is taken into account though. Any extra costs that you’ve incurred as a result of your injury will also be considered when deciding on the final amount you’ll receive. Money you’ve paid to repair damages to any of your property will be included, as will the costs of any adjustments you’ve had to make to your house or vehicle to allow you to continue living there comfortably, such as stair lifts or wheelchair access.

Any wages or pay you would have earnt whilst incapacitated can also be included in a compensation claim, as it is money you would have received had the defendant not caused you to have an accident.

Personal Injury Compensation in the UK

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In this short article we shall take a look at the necessary steps needed to pursue a personal injury claim in Britain, in clear and concise language.

1. Find an accident solicitor. A quick browse around the Internet will uncover a wide range of firms offering to take on personal injury claims. Be sure to find one that works on a no win no fee basis and provides you with 100% of the compensation you are awarded.

2. When narrowing your selection of potential personal injury lawyers, also look for one that is well established with a history of success. It’s worth trying to find one that offers a cash advance upon approval of your claim.

3. Once you have found a suitable firm to take on your claim, they will arrange a meeting with you to assess the claim. This involves little more than simply answering questions regarding the nature of your injuries and the circumstances of the accident.

4. If the solicitor deems it necessary for your case, you will be given an appointment to be independently examined by a medical professional.

5. The solicitor will work with you to draw up a ‘schedule of losses’ detailing any financial losses you have suffered as a result of the accident. This is then sent to your employer or other party at fault in the accident.

6. If the other party accepts responsibility for the accident then your solicitor will then negotiate to determine how much compensation you will receive. Occasionally the claim proceeds to the courts, but even then under the no win no fee system there are no fees to pay, even if you lose.

The Risks of Driving Uninsured

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CCTV cameras for ANPR technology

An ever increasing number of people are currently driving without car insurance on UK roads. As financial pressure grows on UK household’s people aren’t shopping around for the best car insurance deals; they’re simply not buying any.

The implication of this growing trend is very worrying for the car insurance industry and injury compensation companies alike.

The penalties for driving without insurance include:

  • £200 fine
  • Your vehicle being seized
  • Six penalty points added to your license

With the methods of catching uninsured drivers increasing, and more and more of them being caught (up to 500 a day, according to the Motor Insurers’ Bureau also known as the MIB), it’s becoming harder to get away with not having insurance.

There is even a database that shows which parts of the country contain the highest number of uninsured vehicles (Greater London – 13%, Merseyside – 12%, Greater Manchester – 10%, West Yorkshire – 7%, and the West Midlands – 7% are the top five, if you’re interested) so police know where to concentrate their efforts.

The MIB has begun a campaign to point out the risks faced by driving uninsured. It’s not just when people get caught that they run into problems. Anybody involved in an accident whilst they’re uninsured risks being taken to court over road traffic accident claims, and if you don’t have an insurer to pay compensation, you’re going to be paying out of your own pocket.

With the number of No Win No Fee companies around, having to pay compensation on a injury claims is a real possibility and one that could result in enormous financial difficulties for all those involved.

When all of this is considered, skipping insurance to save money suddenly doesn’t seem like such a good idea.

Accident Compensation Claims and How Some People Deserve Them

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Back pain can entitle you to a compensation claim

In life there are many things that you can’t prepare for and one of which are accidents. If you are the victim of an accident then you could be entitled to an accident compensation claim.

An injury could leave you with long or short term pain and why should you have to suffer? If the accident was not your fault than there is a good chance that you will be able to make a claim. Perusing a UK accident claim is becoming more popular and more excepted in society. Getting justice for an accident as well as financial aid could help with the burden of any loss of earnings that might be incurred.

Many accident sufferers are unable to work due to the nature of their injury. The pain in some cases can be quite intense. A broken rib from a car traffic accident or an injured back from a work related mishap are some just some examples.

An accident, bedsides having physical implications can have a massive impact financially. This is never more true that those who have a family to look after. A reduction in income can leave the family short of money which can impact on all areas of family life. Things like, being unable to make payments on bills, loans, and the mortgage. Being unable to provide basic essential things like food, without having to borrow money from friends and family. Just these few key problems can put a lot of extra pressure on other members of the family and those around you.

There are some great accident compensation claim companies out there that will be able to help you. Taking all of these elements into consideration and being honest will maximise your claims potential. Ensuring that you get the most from your injury and offering a no win, no fee service can be a great way to know you have a good deal and really get all that you are entitled to.

Accidents in public places

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slipping in public

Thousands of people are injured in public places every year. It has been said that a third of all patients in some hospitals a&e have suffered a trip of slip accident. So what can you do if something like this happen to you, well the law will help you recover compensation to cover injuries and any financial losses you incur? But it is very important that you seek advice from a professional accident claims company, many offer no win no fee services.

Most accidents that happen in the public are due to loose paving slabs in pavements or slips in shops like supermarkets. A lot of accidents also happen involving children and dangerous public hazard. As long as the danger is something that should have been safe guarded, then there will be grounds for a claim.

For some people going to a solicitor can be a very daunting task and can be a scary thought so here are some steps to help your solicitor. First off as soon as you can, you should write a clear description of what happened in your accident, this will help when you have to explain what happened to your solicitor.

The next step is to take down the names and details of anyone who witnessed your accident as they may need to give evidence.

When it comes to accidents in public places, the more complaints that have been made against the hazard will help your case. Your solicitor may want to contact other people that have been affected by it.

Photographic evidence will greatly help your case. So it is important they are clear and of good quality. The next best thing to a photograph is a sketch showing the situation. These should be taken as soon as the accident happens so that the people responsible can’t cover anything up.

It may seem like common sense, but you do have a limited time to take a claim to court from when the accident happened. Court proceedings need to happen within 3 years from when the accident occurred unless you were under 18 at the time and then you have up until you are 21 to take the claim to court.

We will cover the next steps in your accident compensation claim next month on the blog, but until then make sure you get advice from a professional before going any further.

Will redundancies lead to increase in Claims?

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closed down factory

It has been warned that the recent amount of redundancies could lead to personal injury claim numbers increasing. People have speculated that history may repeat itself after claims rose a lot during the last economic crisis.

Many large companies have decided to make cutbacks and redundancies to help survive the current climate. So how will this affect compensation claims, well Kieran Jones from Weightmans’ disease unit has noted that during the late 1990s some very large garment and textile manufacturing factories had to be closed down in Nottingham and Derbyshire. This lead to very large numbers of redundancies adding to this a campaign was set up including newspapers and leaflets that discussed free hearing tests and compensation that could be obtained from various companies including these textile firms. Subsequently thousands of claims were made against the three main textile employers in the area and their insurance companies. Even though a lot of these claims were made about conditions that were perfectly legal and held no weight, it didn’t stop the number of claims.

Employers should help avoid situations like this by making sure that they have relevant documentation that will cover them incase any claims will be made against them. One of the biggest problems is that when some factories are closed down, the building will be demolished meaning that the working environment cannot be inspected if a claim is made.

It is in the best interest of both the insurers and the company itself both keep records of all relevant information and documentation to help defend themselves if another large number of accident compensation claims are brought against them. Other wise they could be in big trouble.

It should also be noted that the government overhauled the laws and rules for injury claims last year. These changes have made the process much quicker and cuts costs for both the businesses and claimers. The processes have been streamlined to try and avoid settlements that have taken months and even years in the past.

A Rough Guide to Accident Compensation Claims

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judge

If you have never had an accident that you have claimed compensation for, then the world of damages, negligence claims and compensation can be a confusing one. ‘General damages’ is a term used for the money you receive from a compensation claim for an accident that has caused injury, pain and or a disability. The amount you receive will be determined in court by judging factors such as: the severity of the injuries, who is at fault and other conditions using guidelines.

Anyone can make an accident compensation claim as long as there was negligence on the part of an external body, whether it is a vehicle driver, shop owner, employer, businesses or land owner.

All accident compensation claims should be made within 3 years of the accident or injury happening or from the date you discover a resulting injury or illness.

Accident claims will include compensation for loss of income or future income that the injury has affected. The compensation will include funds for physical things like legal expenses, medical expenses and care. Compensation factors also include pain and suffering, psychological damage, loss of employment prospects and reduction in the quality of life.

Accidents happen in all areas of life.  Normally, there will be someone at fault unless it was due to your own clumsiness.

Making a claim is not always the easiest thing to do and you should always seek legal advice and representation to make sure you stand the best chance of claiming what you are owed. Different law firms and injury claim companies operate in different ways. Make sure you know what type of situation you are getting into before agreeing to anything. Many companies will offer no win no fee services for injury compensation cases meaning you are at less risk in case things don’t go how you planned.

This is only meant to be a rough guide to the world of accident compensation, so make sure you to plenty of reading and research before starting any legal proceedings and please contact a qualified injury lawyer.

How Does “No Win No Fee” Actually Work?

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court case

I have heard the term “no win no fee” used for many years but never fully understood how it works. As part of this post I have looked into “no win no fee” and some of the procedures involved. If you are considering a “no win no fee case”, I recommend contacting a qualified accident solicitor.

So how does it actually work? Well one of the main principles of English law is that the loser of a case pays not only their legal costs but also the costs of the winner. So in a NWNF situation, the solicitor will agree to not charge the client anything unless the case is won. So if you instruct the legal firm on a NWNF case, then the risk you take is limited to the costs form the other side plus court costs. But the recommended way to help protect against this is to take out insurance to cover these costs.

Taking up a NWNF service with insurance means that your solicitor will take the biggest financial risk, but the solicitor will usually charge a success fee. Court cases only usually happen when both parties feel they can win and the level of risk involved will determine the solicitor’s success fee. If the success fee is reasonable, then the court will make the loser pay it as part of the settlement.

There are two types of legal insurance you can take out to cover yourself for court costs. One is after the event or ATE and the second is before the event or BTE. ATE is something you take out after an event has happened and you know you need to go to court, this insurance will cover your costs and the other sides if you lost. BTE is insurance that people will get bundled in with things such as house insurance.

For more information on no win no fee accident compensation claims, visit Claims for you.

More Personal Injury Myths

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Here is the follow up post to my article about 5 personal injury myths which is posted here, this articles aims to clear up a few myths that people currently believe when making injury claims and accident claims.

accident claim

Myth Six – Compensation culture means people will claim for anything.

There is a huge myth that there is a growing compensation culture in Britain and people will now try and claim for anything and everything even if it is morally dubious. Once again this is just hear say, according to Which. They state “levels of compensation have not risen dramatically since 1989″.

These results show that legal professionals have stuck to accepting the same amount of cases to take up. This does not mean that people aren’t asking lawyers to represent them for ridiculous claims, but more that lawyers are rightfully turning them down.

Myth Seven – Making a claim against your boss will get you sacked.

One thing that’s seems to stop some people making a personal injury claim against their employer is the fear of being sacked afterwards. If any employer did sack you after making a claim, then this would be just cause for unfair dismissal, most employers wouldn’t be stupid enough to do this. The law protects employees who are in these situations although you do need to have been with the job for a year or more.

Myth Eight – You shouldn’t receive treatment during a claim.

These days insurers look at the accident claim process in a proactive manner and might even help arrange treatment for the injured person. The most common situation would be arranging for physiotherapy for a whiplash victim once the liability was established.

Myth Nine – The law looks out for big companies, there’s no way I will win.

The truth is actually the opposite of the myth. Laws in the UK are some of the best in the world for looking after individuals. The public are well looked after with health and safety laws governing road safety and vehicle usage, the UK also benefits from free legal advice.

Again please contact a legal professional before making a claim.