Insurance, Claims & Accidents

If an individual decides after suffering a personal injury that he or she wishes to claim compensation, there are various ways of achieving this. An individual can choose to use a claims assessor, take legal action in a civil court, make a claim to the Criminal Injuries Compensation Authority, or there may be a special Government compensation scheme for some types of injuries and losses.

An individual can claim two types of compensation, general and special damages. General damages are compensation for an injury, for example a payment for suffering and pain or loss of potential earnings. The court decides how much should be paid to the claimant. The amount that an individual receives will obviously depend on the seriousness of the injury and the financial losses incurred. The award will be based on medical evidence, normally provided by a specialist. The court will take into account the effect of the injury or illness on the individual, and their life in the present and in the future. It is difficult to predict how much a court may award and it will depend on levels set by past awards and the severity of the injury. Simple car accident claims for whiplash might result in compensation varying from £1,000 to £3,000, whereas a serious knee injury could result in an award from £36,000 to £50,000. These are only estimates and to find out more an individual can consult Kemp and Kemp – Quantum of Damages at his or her local library.

Special damages are compensation for actual financial losses that occur as a direct result of the accident. This may include clothing, belongings, travelling costs to hospital, car hire, cost of care, medical expenses and the cost of repairing a car damaged in an accident. If the claimant is deemed by the court to have been partially responsible for the accident then the amount of compensation can be reduced. It is important that all receipts and invoices for expenses related to the accident are retained by the claimant. In serious cases the court will also consider the ongoing financial cost of providing care and making alterations to property or vehicles. This includes care provided by family members.

No win no fee solicitors or no win no fee lawyers can help claimants make no win no fee claims for compensation. Many specialise in accident claims in specific areas such as medical negligence claims, car accident claims or work-related accident claims.