When people call us up to see if they can make a claim for compensation for the injuries they have suffered at the hands of a negligent third party, apart from wanting to know how much their claim is worth, they generally want to know what happens. In other words, they want to know each stage of the claim. I have therefore compiled this quick guide to the compensation claiming process:
Step 1: Letter of Claim
In almost every claim for compensation, except for those where you have been injured in what is considered to be a low value road traffic accident, your lawyers will need to submit a Letter of Claim to the other side. The Letter of Claim is a straightforward letter which outlines the details of your accident, your injuries, and particularises why we believe the Defendant is at fault and should compensate you for your injuries.
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It seems that one of the first questions clients ask us here at The Injury Lawyers is – what is my claim worth? At the very early stages of a claim, this is a difficult question to answer; however, due to our skill and experience here at The Injury Lawyers, we are often able to give a ball park figure around which we think your claim may potentially be worth.
We like to explain the claiming process fully to our clients, so I have written an in depth blog explaining compensation.
Compensation can also be called ‘damages’ and there are two heads of damages for which you can claim – these being General Damages and Special Damages.
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A whiplash injury is caused when there is a sudden movement of the head / neck, causing it to jerk or jolt violently away from your body. Anything that causes your neck to jolt sideways, backwards or forwards may cause the injury. It often results in the ligaments, tendons and muscles in the neck being overstretched.
The most common cause of a whiplash injury is a car or a motorcycle accident; this is because when they become involved in a collision there is a sudden stopping force, which is the cause of your head moving violently away from your body. Even collisions that occur at a low speed can cause a whiplash injury.
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Whiplash is the term used to describe an injury to the neck. This injury is caused when the neck jilts sideways, backwards or forwards. This usually causes the ligaments and tendons in the neck to become damaged. There is no way to prevent a whiplash injury; however precautions such as seat belts and head restrains do help.
The main causes of whiplash injuries are car accidents; they can also be caused by slips, trips and falls. Whiplash injuries often take a few days or maybe weeks to make themselves known. In most cases it will take a few days before you feel the pain.
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Legal Expense Insurance (LEI) is an additional type of insurance that a lot of insurance companies will try to sell you on top of your existing insurance policy. This insurance guarantees that the company in question will pay your legal fees if you are unfortunate enough to become involved in an accident. This additional insurance fee usually sets you back an extra £15 to £20 a month.
What insurance companies forget to tell you is that if you do become involved in a car accident and it isn’t your fault then an injury law firm, such as the Injury Lawyers will retrieve you the compensation fees you deserve on a no win, no fee basis.
Some people live by the saying ‘if it sounds too good to be true, then it probably is’. However, that’s not always the case. Here at the Injury Lawyers we will get you the compensation you deserve and every penny of it will go to you. We don’t take cuts from your payment; we simply recover the costs from the other side.
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Third Party Capture is when an insurer deals directly with a claim against their policy holder, rather than the other party involved bringing in a lawyer. This allows them to compensate you with an amount that is acceptable to them.
Is this the best way?
Although Third Party Capture may seem like the fastest way to sort out your compensation claim, it’s also the most unreliable. Because you’re leaving it to the other party’s insurer to sort out your compensation claim, there is no one fighting in your corner to ensure you get the amount you deserve. If you’re not familiar with the area of injury law then you won’t have any idea to whether the amount you’re being offered is too little.
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There are many ways to claim for compensation – and there is a right way and a wrong way to doing it! So here’s a little advice on the best way of claiming; and the things you need to avoid:
Dealing with the Third Party Directly
This should be avoided! The third party is the person, company, or representative of the person/company responsible for the accident. It’s advisable to get independent representation – you can never be sure that the third party has your best interests at heart. With independent representation, you know you have an expert on your side; dedicating themselves to you and your claim!
So what you need is an independent expert lawyer representing you for the case, which brings nicely to my next point:
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A recent case heard at the end of 2009 has ruled that by accepting ownership of land you owe a duty of care to the visitor of the land under the Occupiers Liability Act 1957.
The case of Jonathan Harvey v Plymouth City Council (2009) concerned the Claimant (Harvey) whom sustained serious injuries after falling on the Defendant’s property and falling some 5 1/2 metres. The Claimant had been out drinking with his friends when they ran on to the Defendant’s land. The Claimant fell over some broken fencing causing him to fall down in to the car park of a Tesco’s supermarket. The Claimant was left with serious brain injuries.
The local authority argued that they did not know that the property was owned by them at the time of the accident and therefore could not have taken reasonable steps to ensure that the land was reasonably safe. It is understood that some 8 years before Mr Harveys accident the Tesco’s supermarket had licensed the land from the local authority for a period of 2 years. After the expiry of this 2 years period the local authority (the Defendant’s to this claim) did not take any steps to inspect or maintain the land (although they did mow the nearby grass verge).
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And the answer is…. I don’t know! In fact, without medical evidence, no one knows exactly how much your claim could potentially be worth. We experts could give you an idea or two, but ultimately it cannot be determined without good, independent medical evidence.
So How’s it Work?
Well what us specialist personal injury lawyers always make sure to do is get you seen by an independent medical expert. A consultant specialising in medico-legal reporting is qualified to assess the full extent of your injuries. They will produce an expert report that will give us all the information we need to value the claim. We then use a combination of our extensive experience combined with some quality case law (cases with similar injuries and similar accident circumstances), and the JSB (Judicial Studies Board) guidelines in order to put some pounds on your injuries.
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It’s a big phrase, I know! But what does it mean? Well actually it’s quite a common thing in claims for personal injury, and it’s sometimes a method insurers use to save themselves a bit of cash they payout to the client! But sometimes, it can be warranted; so here’s a little explanation of what it means
What it Means
By definition, this is when the defendant (the person or company responsible for the accident) accepts that they are responsible for an accident, but alleges that the claimant (the person injured – the people we fight for!) was partly to blame for the accident or for their injuries. Usually it is made through their insurers or solicitors.
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