Injury Claim Legal
Information
Will my case go to
court?
The vast majority of cases are settled before they get to court, but
some may ultimately proceed this far. Preparing a claim for court can
also be a time consuming exercise, so do not be put off by long waits
and lengthy delays, it is often the norm.
The Procedure
After your solicitor has assessed your case, a claim will be made against
the relevant person or body and their insurance company will become
involved. Remember that employers are required by law to be insured
for accidents occurring to employees and it is the insurance company,
not the employer, who foots the bill for any compensation you win
Your solicitor will investigate your case, drawing together
witness statements, accident reports and relevant documents relating
to your own and any other previous incidents that were uncovered Evidence
may be obtained from independent experts such as consulting engineers
It is likely that you will be requested to attend a medical examination
to assess the nature and extent of your injuries and their future effects
The insurance company may also request that you are examined by their
doctor
It is the insurance company which makes a decision on
whether to meet your claim. Whilst some insurance companies may indeed
choose to meet your claim, others may not. However, this is not unusual,
nor is it a cause for concern. Many claims which are turned down by
insurance companies subsequently succeed in court
Sometimes, the reason why a claim has not been met may
be because the insurers could not reach agreement on compensation Your
solicitor is an expert in these matters and will advise you on the merits
of any offer made.
The possibility of impending court proceedings is often
enough to persuade the insurance company to sit down in an attempt to
resolve your claim. However, if no agreement can be reached, you may
then have to go to court.
Time Limits
Even if you do not think that you require immediate medical attention
you should still consider visiting your doctor or the local accident
and emergency department Some injuries may not give rise to symptoms
until sometime after the accident (e.g. from whiplash injuries to the
neck and back)
Seek legal advice and pursue your claim as quickly as possible. If
court proceedings in respect of your claim are not started within 3
years of your accident, the courts are likely to hold that your claim
is out of time However, whilst this 3 year limit is very strictly enforced
by the courts, do not despair, there may be circumstances in which it
is possible to bring your claim outside the 3 year period Your solicitor
will advise you if there are any legal loop holes you can pursue
Please note that if you were under 18 when you had your accident then
the 3 year period does not start until your 18th birthday and therefore
court proceedings can be commenced at any time until you are 21 years
of age
However, you should pursue your claim as soon as possible when witnesses
are more likely to accurately remember what happened and more evidence
will be available
If you are in any doubt, Complete our short online enquiry form to
get free claims advice without obligation.
If your claim is successful, you will be awarded compensation such
awards are intended to put you in the same financial position in which
you would have been had your accident not occurred
Damages are assessed under various categories which include
Damages for pain, suffering and loss of quality of life
This type of damages are often called general damages and is the compensation
that you receive for the actual injuries that you have sustained The
amount of compensation that you get will depend on the nature and extent
of your injuries and the effect on your normal activities such as sports
and hobbies
You may be entitled to damages if you witness or are involved in an
accident in which someone else is injured and if you suffer a psychiatric
injury
Damages for your financial losses
This type of compensation is also known as "special damages"
and is compensation for all losses you have suffered or expenses that
you nave incurred because of your injury
These will include
Loss of earnings
(net of Tax and National Insurance)
Any private,
medical or therapeutic expenses (e.g. physiotherapy)
The cost of any
aids and equipment that have been purchased
Traveling expenses
incurred by you and your relatives
Damage to your
motor vehicle or other items involved in the accident
Cost of car hire
The value of
care that is provided to you by your family, partner, or friends after
you were discharged from hospital, to the date that your case is settled
This will take into account loss of earnings suffered by anyone who
has provided care support for you
It is important that you keep a note of all of the expenses that you
have incurred and retain receipts for items purchased as a result of
the accident so that your solicitor can prove that you have suffered
these losses
Damages for future losses and expenses
Some people who have sustained serious injuries suffer long term losses
and expenses as a direct result of their injuries Calculation of the
actual' sums involved is complicated, however, compensation will take
into account some or all of the following
Future loss of
earnings, including the loss of any promotion prospects
Loss of pension
rights
Costs of providing
all personal care support required in the future, even where it is likely
that a relative will provide care on a voluntary basis
Costs of a Case
Manager, if this is necessary
Damages representing
the losses incurred if special accommodation is required including any
extra domestic expenses
Costs of physiotherapy
and any other specialist therapeutic services
Costs of any
special aids and equipment including their annual maintenance and replacement
costs
Extra costs of
transport, particularly if a specially adapted vehicle is necessary
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