If you have been involved in an accident that was not your fault, you are probably aware that you are entitled to claim for compensation for your injuries. You may not be aware that you can also claim for any financial losses that you have suffered as a result of the accident. This is because compensation is meant to put you back in the position you would have been in had the accident not have occurred; therefore, recouping your financial losses is a crucial aspect to this.
I have listed below some of the more common types of loss which you may be entitled to recover:
- Loss of earnings
- Treatment costs
- Care and Assistance
- Travel expenses
- Miscellaneous (call charges, postage costs etc)
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If you are at the stage of obtaining your medical report then it is likely that liability has been admitted on your claim and your solicitor is arranging for you to have a medical examination. This medical examination produces a report which forms a foundation from which your claim can be valued. This is why at The Injury Lawyers we arrange all our client’s examinations with specialist private consultants and general practitioners. We also advise our clients prior to their appointment to inform the medical professional of the accident circumstances as fully as possible, their injury symptoms, and the full effects of their injuries on their life. This ensures that the medical report provides a comprehensive overview of the full extent of your injuries in order to value your claim.
If once you are in receipt of your medical report you are not happy with it, for example there may be issues that have been missed or statements that are incorrect, it is possible for your solicitor to request that these be amended by the medic. It is important to highlight inaccuracies in your medical report as the report is disclosed to the other side and any contradictory information may be picked up by them.
A medical report may include the following items:
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We at The Injury Lawyersare a specialist law firm dealing only in personal injury and clinical negligence claiming, we also have a great deal of experience in handling claims for whiplash injuries. This means that we are best placed to maximise your compensation claim, and give you a high level of service. The following blog aims to give you on overview of whiplash and your possible personal injury claim.
Causes and Symptoms
Whiplash is caused by a sudden jolt to the head/neck that causes the neck to move beyond it’s normal range of movement. This in turn causes damage to the muscles and tendons in the area, thus inflicting the sufferer with the symptoms of whiplash. These symptoms include:
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Making a claim for a relatively minor road accident claim is a straight forward and simple process – well, it is now, anyway. I say this as for road accidents that occurred after 30th April 2010 and are between an estimated value of £1000 and £10,000, they are likely to go through the relatively new system. This new system will be the topic of the following blog.
Compared to the system of old, the new road traffic accident process is much simpler, more stream-lined, and most importantly; it is much faster. One reason for this is that it is all completed over an electronic portal over the internet, so all correspondence is sent and received simultaneously, therefore cutting out the time waiting for the post to arrive.
The new system is made up of 3 stages. The first stage begins with your solicitor filling out a Claim Notification Form (CNF), it is this form that sets out all the accident circumstances, and full details of the negligent driver. If you were unable to get all the details of the Defendant driver, this should not be a problem, as long as you have the registration number of the car – a search can be performed to gain the driver’s insurance details.
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When you begin a claim you want to know a.) that it has good prospects of success and b.) what compensation you are likely to gain from the claim. Well, at The Injury Lawyers we do not take on claims unless we feel that it has a good chance of success, as we do not want to waste your time or our own time and money. As for item b) – giving clients an accurate prediction on what amount of compensation they can earn can be difficult at the early stages of a claim; however, at The Injury Lawyers, we do not take on a claim unless we feel that it is worth at least £1000 – in this respect you know that making your claim is worth while.
Now, why is valuing a claim at the outset difficult? Furthermore, how do solicitors value claims? Solicitors use a variety of tools to place a value on a claim – these I have set out below:
- Medical report: Once liability has been admitted on your claim your solicitor will arrange for you to have a medical examination. This examination produces a report which provides extensive information on your accident, injuries and the effect of the injuries on your life. The medical report also gives a prognosis detailing when you are likely to recover from your injuries. The medical report therefore provides a valuable foundation from which your claim can be valued.
- Judicial Studies Board Guidelines: The JSB guidelines band neck injuries for the purposes of valuations. These bands are as follows:
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We all attend supermarkets, whether it be on a daily, weekly, or monthly basis. It is therefore crucial that they are safe places. For the most part our trips to supermarkets go by uneventfully and safely, but for some, accidents can happen. At The Injury Lawyers we have many clients that approach us after an accident in a supermarket, and we are able to advise them of the following.
Do you have a claim?
If you have suffered an accident in a supermarket that was through no fault of your own, and you have suffered injury as a result, you may have a claim for compensation. At The Injury Lawyers we offer free claims assessments whether we take on your claim or not, so you have nothing to lose by simply getting some free legal advice and assessing your options.
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If a minor i.e. anyone under the age of 18, or a protected party as deemed under the Mental Capacity Act 2005, has an accident that was not their fault, and they have been injured as a result, they, like anyone else, can make a claim – the process is slightly different.
Say, for example, your child has an accident a school – I bet you can’t imagine them calling a law firm and making a claim – so how do we get around this? Well it is through the system of having a ‘Litigation Friend’.
A Litigation Friend is someone that acts on behalf of the child or protected party in the running of their claim for personal injury. This person is normally a parent or guardian, but can also be a carer, social worker, or suitable person. It is important that whoever the Litigation Friend is, they have regular contact with the claimant and they have their best interests at heart.
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The Injury Lawyers are an independent firm of personal injury experts. When I say independent, I mean that we are not linked to any insurance company, so we fight tooth and nail to maximise your compensation amount. We are also not a claims referral company – we have qualified solicitors and legal executives in house ready to deal with your claim. So we do not sell claims on for profit, nor do we buy any claims from insurers, claims companies, garages, or other companies / persons; we are proud to say that all our clients come to us directly and we feel that this says a lot about the service we provide and the results we get for our clients. In the following blog I will be discussing the various benefits that The Injury Lawyers offer and the reason why so many clients come to us directly everyday requesting our services.
Genuine No Win No Fee Agreement
We offer all our clients what we like to call a Genuine No Win No Fee Agreement. We say genuine as there are no hidden charges for you to pay whether you win or lose your claim. This gives you that added peace of mind and security to pursue your personal injury claim in confidence; after all, solicitors costs can run into the many thousands of pounds so you want to know for sure that there is no onus on you to cover any of these costs. We back our promises up in writing as well.
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How is whiplash caused?
At The Injury Lawyers we tend to see whiplash most commonly caused by a road traffic accident – the reason for this being that the injury is caused through a jolt to the head / neck area. This in turn damages muscles and tendons around the area, causing the symptoms of whiplash.
Have you got whiplash?
The symptoms of whiplash usually come on a few hours after your accident, or even in the following few days. The symptoms experienced depend on the person and on the severity of the accident; I have listed some of the more common types of symptoms below:
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At The Injury Lawyers we have a wealth of experience in dealing with road traffic accident claims, many of which stem from motorways. Motorway driving can be difficult and intimidating due to the high speed nature of it, as well as the close proximity of the cars. It is for this reason as well as others that motorways can be one of our accident hotspots.
Motorway driving requires heightened concentration and awareness of the road – if this is not utilised then accidents can happen. I have listed below some of the common reasons why accidents can occur on the motorway:
- A negligent driver realising at the last moment that their junction is coming up soon and cutting across a multitude of lanes to exit the motorway, causing a collison and panic in other drivers.
- A negligent driver driving too closely to the car in front and not taking heed of the traffic slowing down ahead, causing a rear end shunt collision.
- Negligent drivers not following the Highway Code and undertaking – i.e. overtaking cars in a faster lane, thus causing a collision.
- A negligent driver merging lanes without completing the proper checks, and so colliding with another vehicle.
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