ACCIDENT COMPENSATION CLAIM SOLICITORS
Accidents are unfortunately a regular occurrence of day to day life, and clients often ask us whether they are entitled to make a compensation claim and how to go about it. We are always happy to advise clients on whether they have a claim, and run a service giving a free initial interview so that clients can obtain the information they need without committing themselves to paying a solicitor.
Compensation claims
To make a claim for accident compensation, you must prove that ;
A simple example is a driver of a car hit from behind by another vehicle and suffering a whiplash injury. All drivers have a duty to take care of other road users, and if they do not drive safely and cause an accident, then a compensation claim can be made.
Another example is of a person who has had an accident at work. Perhaps they were asked to lift a load which was too heavy for them. All employees have to provide workers with a safe system of work. Getting someone to lift a heavy load on their own would be grounds for a compensation claim. The same rules apply whether you are a permanent employee or a contractor.
How do I prove that my injuries are related to my accident?
There is often a direct link between the accident and the injury eg a car driver who is hit from behind by another driver and has a whiplash injury can directly link the two. The person who lifts a heavy load and immediately has back pain can also establish a link.
Sometimes it is harder to establish a link. For example, a secretary who develops wrist problems may initially think that she started it digging the garden. It is only when symptoms persist that she realises the pain may be linked to typing all day.
To prove a link between injury and accident, our specialist accident claim Solicitors instruct an independent doctor to examine you and prepare a report. We work with doctors all the time and have links with very experienced doctors who are used to helping victims of accidents.
What sort of compensation can I expect?
- Damages for pain, suffering and loss of amenity
- Damages for out of pocket expenses
- Damages for future expenses
- Damages for pain, suffering and loss of amenity (PSLA)
These are damages for your physical injury, the fact that you may have problems going about your day to day activities or cannot enjoy hobbies you were involved in before the accident. They are assessed with reference to previous cases or people with similar injuries. The independent doctor helps us work out how serious your injury is.
Out of pocket expenses
-also called ‘special damages’. You can recover any expenses which you would not have incurred without the accident including lost earnings, the cost of having someone look after you at home, travel to and from your doctor and hospital, cost of prescriptions,medicinesand of any aids or appliances .
It is very important that you keep receipts for any items you have had to pay for. It is also helpful to keep a diary of appointments and expenses .
Future losses
If your injury is severe, you may be able to claim for expenses in the future including future lost earnings, future care, the cost of adapting accommodation, the cost of buying an adapted car etc.
My child was injured – how do we claim?
It is possible to make compensation claims on behalf of children. Children need an adult to act for them - called a ‘litigation friend’. Usually the litigation friend is the child’s mother or father, but grandparents and aunts and uncles can also act.
When a child’s claim is settled, the settlement has to be approved by the Court. There will be a short Court hearing, usually a formality. The Court will invest the money on behalf of the child until they reach 18.
I had a work accident and am worried my employer will sack me if I claim compensation
Your employee cannot sack you for making a compensation claim. If you have worked for your employer for over one year , you can claim unfair dismissal if this happens.
I was the victim of a criminal assault – can I recover compensation?
You can claim compensation from the Criminal Injuries Compensation Authority (CICA) if you have received an injury as a result of a criminal assault. The CICA is a Government run compensation scheme. It is easy to apply for but it takes about 18 months to 2 years for a decision to be made.
A member of my family was killed in an accident - can I claim compensation?
If there has been a fatal accident, the remaining spouse, partner of more than 2 years or children and sometimes other dependents, can claim a bereavement award, currently fixed at £11,800, plus funeral expenses, and sometimes money for future upbringing. We can advise you further about this at the initial interview, which is always free.
Time limit for accident compensation claims
- Road accidents, accidents at work, slip/trip accidents etc – 3 years.
- If you did not know of your injury until after your accident (eg suffering an industrial disease following exposure to a chemical )– 3 years from the date you knew your disease was linked to your exposure to the chemical.
- Accidents involving children – 3 years after their 18th birthday.
- For a person who is mentally ill and subject toa Court of Protection Order– 3 years from when they recover and can handle their own affairs again.
- Claims to the Criminal Injuries Compensation Authority – 2 years.
- Accident claims arising abroad or on airways – these can vary from as little as one year. Take legal advice immdeiately after any accident.
Funding accident claims
Our accident claim Solicitors help clients fund compensation claims in various ways:
- Legal expenses insurance - many people have legal expenses insurance attached to their buildings, contents or car insurance.
- ‘No win no fee’ agreements. Our accident claim Solicitors offer ‘no win no fee’ arrangements to personal injury clients and can arrange insurance to cover costs if your case fails. Read more about no win no fee agreements
- Some clients prefer paying as they go ,paying an hourly rate for work done on their compensation claim with interim bills every 6 months.
Home visits
If you are seriously injured and cannot get to our offices , our accident compensation claim Solicitors arrange home and hospital visits. Please contact us to book an appointment.
Useful information
At your appointment it will help us if you can let us have:
- Your full name, address, date of birth, National Insurance number and marital statusand date of your accident.
- If you were driving a car, details of the make of car and the model, registration number and your own insurance policies (including home contents and buildings cover).
- If you were driving a car, details of the other person's insurance.
- A summary of the accident.
- Details of any communications with the police.
- A summary of your injuries and where you have been treated
- Any correspondence with the hospital and all your appointment cards
- A summary of any out of pocket expenses you have incurred, eg lost earnings, prescriptions, travel, care etc
- Anything else you have which you believe is relevant to your accident claim.
Contact our Accident Claim Solicitors as soon as possible
Our Personal Injury Solicitors handle accident injury compensation throughout Wiltshire, Somerset, Berkshire, Hampshire and Dorset . Our Solicitors particularly represent clients in Shaftesbury, Gillingham, Sherborne, Fordingbridge, Ringwood, Blandford Forum, Shepton Mallett, Wells, Glastonbury, Ferndown, Romsey ,Lyndhurst, Brockenhurst, Wincanton, Ilminster, Yeovil, Radstock, Bradford- on-Avon, Chard, New Milton, Malmesbury, Cirencester, Weston-Super-Mare, Sturminster Newton, Bridgewater ,Axminster, Midsomer Norton, ,Melksham, Dorchester, Wareham, Corsham, Wimborne, Crewkerne, Calne, Frome and Westbury .
If you think you have an accident claim, contact an expert compensation claim Solicitor in our Salisbury, Andover, Verwood or Amesbury offices today.
