If you have suffered from a personal injury caused by the negligence of another person you may be able to claim damages. Most specialist personal injury compensation solicitors in the UK provide initial legal advice at no cost, and they operate the no win no fee sceme, meaning you are not liable to finance your case. Most UK personal injury claims solicitors ensure that compensation will be paid in full without deduction, and you will not be charged any legal costs. Many solicitors are members of the Solicitors Regulation Authority (SRA) panel of personal injury experts which gives an assurance of quality and experienced service.
If you have been involved in an accident, you could benefit from a personal injury claim. Such claims exist to compensate the victim for loss they have incurred with the intention of putting them back into a position as if they had not been involved in the accident. You can obtain damages for financial and emotional loss, and even though the latter may seem immeasurable, it will be valued in financial terms. Monetary compensation can be received for pain, suffering and loss of amenity—which are usually valued together—and this, where appropriate, may extend to compensating emotional shock, fear, anxiety and embarrassment.
The seminal source for information on the amount of compensation for personal injury is Kemp and Kemp’s `Quantum of Damages’ – the definitive source of reference on related legislation, case law, and regulation. This text is possessed by almost all law firms and is used regularly when personal injury cases are being dealt with. If you have suffered an injury, understanding its potential value may help you realise the benefits of making a compensation claim. The `Quantum of Damages’ is available from public libraries, and covers a range of cases from severe, debilitating conditions to minor injury.
What determines the value of an injury? Pain and suffering may appear elusive but will be valued according to a set of criteria including the extent of physical trauma, the discomfort involved, and the nature of any long-term problems that may have arisen from the accident. Judges will decide on the value of any pain and suffering by using precedent – consideration of previous, similar cases, along with information from a publication called `Guidelines for the Assessment of General Damages’. This exists to `distil the conventional wisdom contained in the reported cases, to supplement it from the collective experience of the working party and to present the result in a convenient, logical and coherent form’.
Criminal Injury Compensation Authority
The Criminal Injury Compensation Authority (CICA) is a UK Government funded body which awards personal injury compensation to the victims of violent crime. A criminal injury solicitor will value a claim, not by applying the forgoing principles but by consideration of the CICA tariff bands which set a value for each individual injury however only the three most severe injuries are considered. A CICA claim is usually preferable to issuing legal proceedings in a court of law because most perpetrators are impecunious whereas a CICA award is guaranteed to be paid by the Criminal Injury Compensation Authority.
Trips & Slips
Making an accident claim for compensation for personal injury after a trip or slip is complicated by the fact that legislation has over time, become increasingly amended by case law. It is possible to make claims in the following situations: –
in private premises to which the public have access including shops
that are the result of badly maintained or damaged roads and pavements
accidents in the workplace, violating health and safety legislation
that occur in public or private premises including residences on wet, slippery or obstructed surfaces
Road Traffic Accidents
Making an accident claim for personal injury compensation after a vehicle collision is not always straight forward. Most road traffic accident lawyers have caseloads consisting entirely of motor accident claims and they have detailed experience in dealing with drivers, riders, pedestrians and passengers. It may be the case that your claim involves one of the UK’s one million uninsured cars or a hit and run accident, in which case application for payment of damages and loss can be made to to the Motor Insurers Bureau.
Accidents At Work
A workplace accident claim for personal injury often involves elaborate law set out in complex UK and European legislation. Employers have a comprehensive legal duty to protect the health and safety of employees. If an employee is injured because the employer has not adequately protected them, they are entitled to receive compensation. In addition to carrying out a risk assessment for procedures that may potentially cause injury, employers must monitor any significant findings and must:
provide adequate training and information
ensure all necessary health and safety measures are implemented
establish procedures for emergencies
ensure competent employees oversee safety procedures
co-ordinate health and safety procedures with other employers sharing the same workplace.