Archives
Compensation After Road Traffic Accidents
Claiming compensation for injuries resulting out of a relatively straightforward road traffic accident is simple. Your claim can be over in a matter of weeks or months, and what’s best, with the right lawyer on hand, you won’t even have to go to that much effort – they will do all the work for you.
Prior to April 2010 claims for compensation from road accidents could take months or sometimes years. The Defendant had a period of 21 days to acknowledge your claim and then a further 3 months to investigate it; and that was just to provide an admission or denial of liability.
Things have changed thankfully. Now, what is required is for you to submit what is known as a Claims Notification Form or ‘CNF’ through an online portal on the Ministry of Justice website. Once your lawyers have done this on your behalf the Defendant must acknowledge the CNF within one business day and then they have a further 15 business days in which to admit or deny liability. This is wholly different from before. Liability could be admitted for your injuries within 16 days; whereas under the old system, investigations into your accident may not have begun at the same point. It really is a fast and straightforward process nowadays and an injury lawyer will be more than happy to take you through the process and make sure everything is done correctly.
Read More
If you are injured or experience ill health because of a faulty or defective product, you may be entitled to claim for compensation.
The Consumer Protection Act 1987 (CPA) provides important safeguards to protect consumers from defective products. It makes it easier for a person to claim compensation if they are injured because of a fault in a product.
Nearly everything we buy could be a product that is covered by the CPA. The CPA recognises that, if not manufactured or sold properly, any product could potentially be harmful to a person’s health. Product liability covers a wide range of products including everyday items such as food, cosmetics or clothes, through to one off items such as electrical goods and children’s toys.
Read More
On the 9th September the media confirmed that the government had finally announced that it will ban the referral fees that are paid to insurance companies in return for them passing on the details of the victims of accidents.
This move is welcomed by us at The Injury Lawyers. We have always criticised these payments in the past because they are, in our opinion, bad for the client and the personal injury profession.
Referral fees are paid by some firms of solicitors, mainly to claims management companies and insurance firms, but it can be to anyone who passes on details of an injured person, such as a garage or even the police. Many insurance firms, large and small, have passed on the details of their policyholders after they have contacted them to report an accident that was not their fault. In return for these details, many personal injury solicitors pay a referral fee to the insurance company.
Read More
Insurer Referral Fees to be Banned!
The referral fees involved in personal injury claims is a topic we have blogged about and condemned on so many occasions. We, as in independent firm of specialist personal injury lawyers who hate the concept of referral fees where middlemen profit from injury victims in return for passing details around, are proud to have never been a part of it.
Just in the last few months we were ecstatic to hear that our former Justice Secretary Mr Jack Straw had exposed what has been called the insurance industries “dirty little secret” when he investigated how the details of one of his constituents was passed around for profit following a road accident. We were overjoyed to hear the investigations concluded that the real reason for insurance premiums being driven up was a symptom of the referral fees rackets.
Now, it appears we are finally making some headway in ridding the country of the referral fee disease.
Read More
How Much Compensation Will I Receive?
One of the most common questions people ask when they make a claim is ‘how much will I receive from my claim?’ If you have been injured as the result of an accident that was not your fault, you are entitled to claim compensation. In the majority of cases, financial compensation is the only remedy available and it is only natural for claimants to want to know how much they will receive.
There are two types of compensation, or ‘damages’ as they are formally called – ‘special damages’ and ‘general damages’.
Special damages are those paid to compensate the claimant for the actual financial losses caused as the result of an accident. The aim of a personal injury claim is, as far as is reasonably possible, to put the injured person back in the position that they would have been in had the accident not have occurred.
Read More
There are several ways of making compensation claims, and there are several companies you could enlist to help you. In fact, the world of compensation claiming can be made so confusing when you have no idea what to do or where to turn.
So – to help you out, read this guide on the best ways of making a claim, and what to look out for when deciding who should represent you.
At the end of the day, you’ve been injured at no fault of your own, and you are legally entitled to recover compensation for your injuries and losses (losses such as lost earnings or medical expenses).
Read More
Yes – there is a time limit in which to make a claim for compensation. The limit your claim will fall in to depends on a number of general factors; so really, the best thing you can do is speak to an injury lawyer direct to find out when the limit runs out for your claim.
As a general rule – THE QUICKER YOU CLAIM, THE BETTER! Events will be fresh in your mind, and you can get access to private medical care to help you recover quicker with a good injury lawyer on board.
How Long Do You Have to Claim?
Read More
What Does a No Win, No Fee Agreement Mean?
The cost of making a claim can run into thousands of pounds; but this should not put you off making a claim. Although your solicitor can give you an idea of whether your claim will be successful, it is rarely possible to be 100% certain unless you have been hit in the rear by another vehicle whilst stationary, or you were a passenger in a road collision.
Legal aid for most personal injury claims was abolished in 2000 and a different way of funding these claims was introduced – the no win, no fee agreement.
This is an agreement that means that, if your claim is not successful, you will not have to pay a penny to your solicitor for their fees. Under this agreement, if the claim is unsuccessful your solicitor will do the work for your claim without any payment from you for their fees;. The way that claims are now funded means that solicitors can charge an additional fee to the defendant – a ‘success fee’ – when they win. This extra amount is used to pay for those claims that aren’t successful. This means that there is no reason for a solicitor to charge you for their costs whether you win or lose and you should always avoid using a solicitor that will take any money out of your compensation.
Read More
Why You Should Make a Claim for Compensation
Should I make a claim for compensation? This is a common question asked to us when we are advising people about the merits of any potential claim they think they might have. Ultimately, it’s your life, and therefore your decision – no one can take that away from you, or force you in to making a claim.
So, as the decision is entirely yours, here are a few positive reasons why making a claim for compensation is a good thing.
Compensation Payout
Read More
Whiplash Claims – Guide and Advice
Our clients come to us on a daily basis seeking compensation for their whiplash injuries. Some are even unsure if the pain and suffering they have can be classed as whiplash. I have therefore prepared a short guide to whiplash claims.
What is whiplash?
Whiplash is a soft tissue injury that is typically sustained when your head and neck area is suddenly jolted.
Read More