Online Magzine-December Issue

Personal Injury Compensation

Accidents can and do happen. In most case we can put them down to our own carelessness or bad luck. Making a claim for compensation may not be the first thing on your mind after an accident. If you are injured you will be concentrating on getting better. But if you think what has happened was not your fault, you may be thinking about claiming compensation.

From an evidential point of view, the earlier you make your claim, the better. Memories fade after the accident and witnesses may move and/or become more difficult to trace. There are also time limits which must be adhered to in making a claim, which is discussed below.

Right to Claim

Compensation though, is not automatic. It is not enough to prove that you were injured. We first need to show that someone else was to blame and were at fault legally. Depending on the type of accident, different regulations and statutes apply.

If you are able to establish that someone was liable for your accident, then you must next prove that the injuries you sustained are as a result of the incident. The legal term for this is “medical causation”.

You may still be able to claim even if the accident was partly your fault but in that case your damages will be reduced to reflect this. The legal term is “contributory negligence”. The amount that your compensation will be reduced by varies depending on the circumstances of the accident.

Types of Claim

There are many problems for which you might be able to claim compensation, including breach of contract, disputes with your neighbour and consumer related matters.

However, the most common cause for a person to claim compensation is when they have been injured, including in the following places:-

at work
on the road
using a product that turned out be faulty
a mistake during medical treatment
being a victim of a crime
in a shop/premises
in your own home

The Claim Itself

A personal injury claim is made up of two parts; general damage (the personal injury element of your claim) and special damage (out of pocket expenses).

You are entitled to be compensated for the losses that you have suffered as a result of the accident, which may include damage to your clothing and property, loss of earning or may be you need money to pay for adaptations to your home or expensive care and rehabilitation treatment provided that it is reasonable and supported by medical evidence. It is important to note that you have a duty to mitigate your loss, i.e. keep your losses to a minimum at all times. You should not assume that simply because someone is to blame for your accident that they will pay for every expense that you incur following the accident.

With respect to general damage, the amount you will receive depends on the medical evidence in your case. An independent medical expert, who has a duty to the court, will examine you and prepare a report on your injuries. The report will detail the injuries you have sustained together with the period of time in which the expert expects you to recover.

It is on this basis that any offer of compensation is based. There are strict guidelines called the Judicial Studies Board Guidelines which the parties and indeed a Court look at when deciding how much to award people in compensation. Furthermore, parties also look at previously decided cases and to a certain extent, a Judge will go on their previous experience. This is something that your solicitor will discuss with you at the appropriate stage.

The Time it Takes

The question that most clients ask, after “how much will I receive?” is “how long is it going to take?”. No solicitor will be able to tell you at the start of your claim how long it will take to settle. No one can know what is around the corner and how your injuries will heal and/or respond to treatment.

However, what is statistically known is that the majority of claims are settled before the need to attend court for a final hearing where a Judge will decide whether the Defendant is liable for your accident and/or how much to award you in compensation. Courts are keen for parties to resolve their differences outside of a court room and that a final hearing is a “last resort”.

Final Thought

Remember, compensation claims are not always quick or easy. Laws governing compensation are complex and time consuming and insurance companies (representing the Defendant) will try to do all they can to reduce the amount of compensation they wish to pay you. It is therefore highly recommended that you instruct somebody who is a specialist in personal injury to represent you.

Balfor Legal solicitors are specialists in personal injury litigation. If you wish to enquire as to whether you can pursue a claim, please call at 08000234695 or e-mail enquiries@balforlegal.co.uk