If you’re reading this article I’m guessing you are wondering what on earth the pre-accident protocol stage of my personal injury claim is?
The pre-accident protocol is designed to make straightforward PI claims quicker, easier and more cost efficient to settle, and avoid the necessity of going to court where possible. The protocol helps govern how claims are processed by the solicitor handling the claim until settlement or going to trial.
Once a lawyer is instructed to act on your behalf, and we have informed you that there is a good chance your claim will be successful, a letter of claim is sent to third party who we believe to be responsible for your injuries. This letter contains details of the circumstance of your accident, the allegations of what the party did wrong, the injuries you sustained in the accident, and that we are acting on a No Win, No Fee basis, and finally a list of documents they will need to provide us in the event the claim is disputed.
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I am sure most of us realise that is illegal to drive without insurance – one thing is for certain however, some of us choose to drive without insurance. In fact, each year, one million people drive on our roads without insurance.
Given that the usual route to getting compensation if you have been injured by a negligent third party in a road traffic accident is by pursuing their insurance company, this begs the question, how do you get compensation from an uninsured driver?
An expert injury lawyer should advise that you can still make a claim for compensation through the Motor Insurers’ Bureau who were set up back in 1946 to help those who suffer at the hands of negligent uninsured drivers. After all, just imagine a scenario where you were unable to get compensation for you injuries simply because the Defendant committed the offence of driving without insurance, this would not be right. That is why, each year, when you pay for your insurance premium, about £15 to £30 of this goes to the Motor Insurers’ Bureau compensation fund. You just never know, one day it may come in handy for you!
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I expect that not everyone reading this blog will know what a pre-medical offer is, let alone have ever received one. Let me quickly explain.
The claims process is quite structured. Your injury lawyer will submit a Letter of Claim (in none straightforward road accident claims) which outlines your accident and injuries to the Defendant at the beginning of your claim and the Defendant will be allowed to make investigations.
Once liability is admitted, you will be asked to attend a medical appointment so that a medical report can be compiled which provides a diagnosis and prognosis. With your permission, this is then disclosed to the Defendant along with any details of other losses you may have, and offers of compensation are invited. A pre-medical offer therefore is an offer that is made by the Defendant in respect of your injuries prior to you disclosing or even obtaining a medical report.
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Whiplash is one of the most common types of injury we come across here at The Injury Lawyers. This is because the most common type of accident claim is a road traffic accident claim.
At the end of the day there are millions of cars on our roads, and humans make mistakes – meaning accidents happen. If you are unfamiliar with whiplash or want a bit more information about whiplash, I have prepared this short guide for you.
What is whiplash?
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One of the most important things in helping to bring a successful claim for compensation if you have had an accident at work is to ensure that you have reported your accident. If you do this there is a hard record of your accident and there should not be any disputes later on as to whether the accident happened or not. Reporting your accident really is an excellent staring point.
Naturally, if you require urgent medical attention this you should be the first thing you seek. At the end of the day, nothing is more important than your being okay. But, once you have sought medical attention, make sure to get your accident recorded in the accident book at work and to inform your Manager of what has happened.
It is important to know that all employers are required by law to have an accident book and you should be made aware as to where it is kept. You should also know that all accidents should be reported in the accident book, and near misses should be reported as well.
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Since this whole scandal came to light, we have spoken to countless victims of the PIP implant problem and taken on a significant number of compensation claims over the last few months.
Our Specialist PIP Compensation Team have been growing increasingly concerned over the sheer number of people who are reporting that their medical groups and clinics have been treating them entirely inappropriately.
It’s fair to say that a good 99% of the people we speak to have all shared their horror stories of how their clinic has failed them in some way.
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Whiplash is one of the most common injuries that unfortunately, people obtain as a result of being involved in a road traffic accident. Most people that have been involved in a road traffic accident do not actually realise that they have whiplash.
Often the shock of being involved in a collision diverts people’s attention from their injuries. Most people think that they feel fine and the pain will go away, but if you are not medically trained, how can you tell if you have a whiplash injury? Here at The Injury Lawyers we are expert whiplash solicitors – so we know everything to do with whiplash.
Following a road traffic accident, the symptoms of whiplash often take a while to develop; it can take up to 6 – 12 hours for them to surface, and sometimes even longer. The pain and stiffness associated with whiplash if often a lot worse the day after the accident and still may continue to worsen for several days later. If you have been involved in a road traffic accident, I am sure that you know all too well about what the pain and suffering is like.
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If you have been injured in a car crash because of someone else’s negligence, you will usually get your compensation from their car insurer.After all car insurance is there so that if things go wrong cars can be repaired and injured people can get compensation.
But what happens if the negligent driver doesn’t have insurance? Don’t worry! You can still be compensated for your injuries.
The difference is that you will be compensated by the Motor Insurers’ Bureau (MIB) instead of the negligent drivers’ insurance company. Let me explain more…
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Personal injury and how to claim may seem like a daunting prospect to grasp at first, particularly when riddled with bewildering legal jargon and terminology.
It will come as no surprise therefore when I tell you that individuals can become quite easily overwhelmed and disheartened with the procedure, and when initially paired with the substantially traumatising experience of the accident itself, made to feel angry, alienated and cheated. But fear not! Help is at hand, in the shape of our genuine No win, No fee, agreement, shouldering the burden and pressures which accompany claiming compensation, giving you the time and priority needed to focus your attentions on more important issues, none so more than your speedy recovery.
After information regarding a potential claim has been received, our primary action is the creation of a letter of claim which states the critical information involved in the accident. This is then sent to the third party defendant for analyse.
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The point of making a claim for personal injury compensation is to firstly award you with compensation for the pain, suffering, inconvenience, and loss of amenity that you endure as a result of your physical and / or mental injuries. However, on top of this, you are entitled to claim for what’s known as Special Damages.
Special Damages are made up of financial losses that you or even others affected by the claim incur. The common ones are things such as lost earnings from being off of work, medical expenses for treatment or prescription / over the counter medication you have to buy, travel expenses, and another key item called Care and Assistance.
Anyone is entitled to make a care and assistance claim, so long as it can be justified. Care and assistance is for any person making a claim who has to rely upon anyone else to look after themselves. This type of thing is common in serious injury claims, or cases where a debilitating injury has been sustained – such as any limb disability from, say, a broken leg, or dislocated arm, etc. Naturally, these types of injuries usually result in serious mobility impairment – everyday tasks can become a struggle, or even nigh impossible, in some circumstances.
What Can Care and Assistance Cover?
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