Experienced accident claim solicitors know that many people who have a valid personal injury case which justifies payment of compensation fail to take legal action and quite a number who attempt to take legal action have no case at all. Whether or not the circumstances of an accident will justify a claim for compensation depends principally on the law of negligence. There are many formal definitions of negligence that so far as UK law is concerned should amount to the same thing. One of the most commonly used definitions of negligence is as follows: –
“The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do.”
There are several other more formal considerations that accident claim solicitors look at before a personal injury case can be considered as won and liable to result in the payment of compensation. The person making the claim must prove that it was reasonably foreseeable that harm would result from a failure to take care by the other person there was a duty of care owed to the other person and the duty was not discharged to the injured person damage, loss or personal injury resulted to the person making the claim which is directly attributed to the effect of the negligence.
Even if you were partially to blame for an incident that caused injury you may still be able to make a claim. This is a concept known as ‘contributory negligence’ whereby if you are injured as a result of the proven negligence of another person your damages may be reduced because you contributed to your own injury or to the severity of the injuries.
The standard of proof required in the civil courts is totally different to the standards of the criminal courts. To prove a criminal case the evidence must point to guilt ‘beyond all reasonable doubt’ however in a civil personal injury case the standard is on the ‘balance of probability’. This means that the scale will tip if the claimant can show that their version of events is more likely than the version put forward by the other side.
It’s a sad fact that after someone has been involved in an accident, they often fail to realise that they can claim compensation. Even those who think they might be entitled to damages often fail to ask for personal injury advice. A qualified accident claim solicitor can help you in a professional, committed way and will guide you through your compensation claim. Lawyers are able to claim compensation in a wide range of accidents and just because it’s not on this list doesn’t mean they don’t do it:
accidents at work
slips and trips
defective product claims
There are time limits and a UK accident claim must either be settled within three years or proceedings must have been issued in a court of law within that time or the potential compensation claim may become statute barred and the opportunity to claim damages may have been lost forever. There are some exceptions to the three-year rule particularly in the case of children and those suffering from mental disability. Limitation is a complex and difficult subject and if you are in any doubt about the time for starting a claim you should take urgent personal injury advice about the Limitation Act 1980 from a qualified accident claim solicitor or barrister who specialize in personal injury claims.
Estimating the value of a claim at an early stage is not easy due to the imponderables relating to recovery periods and whether or not there will be any permanent disability however a solicitor giving personal injury advice should be able to give you a rough idea of valuation for pain and suffering and a relatively accurate estimation of other potential claims including wages losses and general expenses.
Most accident claim solicitors work on a basis that is risk free to you. They settle accident claims on a no win no fee basis and you are not usually required to fund or finance your claim in any way. If you win compensation, it will usually be paid in full, with no deductions. Win or lose there is generally no charge.
You are entitled to make a personal injury claim if you were injured in an accident for which you were not responsible. It is however necessary to show that the person who was responsible for causing the accident was negligent. If you have been the innocent victim of an accident, then a claim can be made for pain and suffering and any financial losses. Most people who consider applying for compensation are unaware about how to proceed and that’s where an accident claim solicitor comes in to help you through the complexities of a compensation case.
There are many formal definitions of negligence, which so far as UK law is concerned, should amount to the same thing. One of the most commonly used definitions of negligence used in personal injury claim settlements is as follows: –
Lack of due care or failure to do what is reasonable and prudent under the circumstances. Omission of something that a reasonable person, guided by those considerations that ordinarily regulate the conduct of human beings, would do, or doing something that a prudent, reasonable person would not do.
Our solicitors are all members of the Law Society panel of personal injury experts and are specialists in the field of accident compensation. Cases are dealt with on a no win no fee basis and compensation is paid in full with no deductions whatsoever. There is no necessity to finance your personal injury claim in any respect and you will not be asked to take out any loan or pay for any insurance. Our claims are guaranteed to be completely risk free.
Compensation in a personal injury claim is awarded for pain and suffering which is calculated by using other previously decided cases as a guideline and for financial losses which may include loss of wages, diminution of future wages, loss of congenial employment, damaged or lost personal property, medical bills and general expenses. Receipts or estimates of costs incurred will be used to calculate the worth of the tangible losses. The overall amount of compensation that may be awarded depends on a number of factors including: –
the extent and severity of the injuries
the overall recovery periods
whether or not there are any long-term symptoms
monetary losses caused by the accident
whether you were partly to blame
There are strict time limits on making application for compensation which must normally be settled, or legal proceedings must have been issued in a court of law within three years from the date of an accident or the date of discovery of the injury. The general limitation period does have some exceptions including different time periods for children and for people who cannot manage their own affairs due to mental illness. Also, the period does not start running until the injury becomes obvious. The court has a wide discretion to defer the start of the period or extend the period, but the court rarely applies its discretion and it is important that you appoint a specialist solicitor immediately for advice if you are in any doubt about these matters.
A personal injury is inconvenient, painful and usually problematic and often brings with it a series of troubles and complications that can make life difficult. It is for this reason that the law facilitates damages claims to compensate for injuries and financial losses. If you have been unfortunate enough to suffer as a result of negligence by another person in the last three years, then you are legally entitled to claim. This could include compensation the pain you have suffered, loss of earnings, the potential loss of earnings from future work, any mental issues you may have suffered and physical problems that have caused you concern. These problems are serious, and the courts operate to protect the interest of people just like you who have experienced them.