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Do you Accept Second Offer for Whiplash Claim?
The amount of times I have received calls from clients saying “I don’t want to accept the first or second offer, I have been told to always accept the third” is ridiculous and quite honestly I am boggled as to where this “pearl of wisdom” has come from – because quite frankly it is utter rubbish!
Your whiplash claim will be valued based on medical evidence. An independent medical expert will be instructed in order to review you and provide a report and opinion on how long you are likely to be suffering with your injuries. This is the main aspect of valuing your injury.
The value of your injury will be placed in a bracket. For example: £1500 – £1750. This means that your claim is worth £1500 at the minimum and £1750 aat the maximum, according to the brackets.
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There are a lot of personal injury lawyers out there that are more than willing to help with your claim. However, we feel that here at The Injury Lawyers we have dedicated a lot of time ensuring that we offer the best service and ultimately get our client’s the best compensation.
We have done this by looking at what clients really want and need, and by reviewing the competition and improving on what we class as the key areas.
In this blog I will address the No Win No Fee agreement we offer and why our service levels fly high above all the rest.
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One of the main worries when looking to pursue legal action is the worry of cost! Solicitors can be extremely expensive so many people are put off from pursing a claim because of this. However, this should not be the case as solicitors often act on conditional fee agreements, which is the posh name for a No Win, No Fee.
These types of agreements are based on the outcome of a case- win or lose. They were originally brought in to fill the gap between those that were eligible for legal aid and those that could afford to pay for legal representation however, they are now extremely common as it allows solicitors to still recover the same fees without having to charge their clients.
So how do they work? Many people often find it difficult to understand how they can pursue a claim, receive compensation (which in some cases is a large sum) and not have a bill to pay. To many it seems strange for a solicitor to be doing so much work for them but not sending them a bill. But please do not worry- we do get paid (after all we are still a business).
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Quick Claims from the Start – Road Accidents
Making a claim for compensation following a Road Traffic Accident is now so much easier and quicker than it used to be, if your accident was on or after 30th April 2012.
The Ministry of Justice introduced a new protocol to follow for these accidents: “The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents”. I know, bit of a mouthful so let’s just say the Road Traffic Accident Protocol for now. This protocol is for claims for personal injury which are worth under £10,000.
The claim is started by submitting a Claims Notification Form. This is a form which contains your information, the information of the at fault party, the details of your injuries and treatment and the accident details. This is sent to the insurer of the at fault party electronically.
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How Much Would a Personal Injury Lawyer get you for Whiplash?
Whiplash injuries can range from the very minor to the severe and debilitating. Therefore, it is important that you seek the help of a expert personal injury solicitor to ensure that the compensation you receive is the right amount.
Compensation is awarded based on the severity of your injury and how long this will affect your everyday life, so it is important that the right amount is awarded – if you settle and then are still suffering you may statutory barred from bringing another claim (for the same accident) or trying to reopen or continue the original claim.
As well as personal injury solicitors, there are a number of claims management companies that will try and get you to instruct them. Similarly, your insurance company will also try to refer you to a solicitor and finally, there is also the possibility that the third party will try and capture you. All of the above may also say that they can get you the optimum amount of compensation but there may be more to this than first meets the eye.
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Car Accident Claim – Pre-Medical Offers
A pre-medical offer is an offer made by the Defendant’s insurer to settle your claim without the need for medical evidence in support of your injuries.
These offers are usually made when the accident is pretty straight forward, liability is not an issue, and the insurer just wants the case off their desk. If you have a legal representative, they should inform you of the risks of accepting such an offer once it has been made.
Basically, the main issue we at The Injury Lawyers have with pre-medical offers is that, if accepted, you never know if this accurately reflects the amount of compensation you deserve.
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What is the Payout for Moderate Whiplash in 2012?
In any personal injury claim, the amount of compensation you will receive is not a figure just plucked out of the air; the figures are based on your representative’s expertise and experience but also from the Judicial Studies Board Guidelines.
This is a set of guidelines which are used in order to help your legal representative to assess your claim and the value of it.
The assessment of compensation for your injuries will consider the following:
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In the Motorcycling Manual, it is permissible to undertake traffic, but only if the traffic is slow moving in queues or signalling to turn right, or if the motorcyclist is turning left at a junction.
Liability in accidents involving a motorcyclist undertaking traffic are not clear cut and liability is often split between the parties for the simple fact that both parties will probably have been negligent in not keeping a proper look out for each other.
In the case of Fagan V Jeffers and the Motor Insurers Bureau the motorcyclist was travelling to the left of two lanes of traffic and collided with a vehicle which turned right across them. The vehicle was turning right through “Keep Clear” markings on the road.
It was held that both parties were equally to blame for the accident. The motorcyclist for failing to keep a proper look out for turning vehicles whilst performing a dangerous manoeuvre and the motorist as he should have been aware that there was sufficient room for a motorcyclist to travel on the left of the traffic.
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Volunteering accidents – can you still claim?
In this tough economic climate, many people have opted to volunteer at workplaces, perhaps with the hope that later down the line a job may become available for them. Others may volunteer as a personal choice as they may have retired and although are not interested in a wage paying job, still wish to go to work in the morning.
Unfortunately, just because you are volunteering does not exclude you from the possibility of sustaining an injury in the workplace. However, many may think that as you’re “just volunteering” you’re not entitled to make a claim – however this isn’t the case…
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Private Sector Accident Claims
A large chunk of the population work in the private sector and it is arguably one of the most thriving sectors at the moment in these dark economic times with the government encouraging employment growth. We depend upon private sector workers in our everyday life- however like any other type of employment accidents unfortunately do occur and therefore you may be entitled to claim compensation.
Accidents in the private sector could be arguably more common as the duty to impost health and safety in the workplace is left solely to the employer who may chose to run things inadequately.
We all rely on our jobs heavily- they give us our wage which consequently allows us to live comfortably and of course splash out on some treats every now and again. Therefore being involved in an accident which consequently leaves you unable to work can cause much more than financial worry and therefore here at The Injury Lawyers we fight to not only get you the compensation you deserve but also to recover any losses and help with any psychological injury.
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