Insurance, Claims & Accidents

Archive for the ‘Personal Injury Claims’ Category

If an individual has suffered an injury as a result of a violent crime then he or she may be able to apply for compensation to the Government’s Criminal Injuries Compensation Authority. This body was established by the Government in 1964 and is a non-departmental body which administers compensation to victims of violent crime throughout the UK, on the basis of common law damages.

The Criminal Injuries Compensation Authority (CICA) was established in 1996 to administer a new tariff-based scheme. All claims received after April 1996 received awards in accordance with this new scheme. The scheme is not intended to fully compensate the victim, but rather it is an expression of public sympathy to the victim. The level of award differs from general damages in civil proceedings in that awards are calculated using a strict tariff and there are 25 tariff levels ranging from £1,000 to £250,000. There are 200 injury groupings for which the scheme pays out compensation and claimants can find the details on the website www.cica.gov.uk.

To qualify for an award the injury suffered has to be the direct result of a violent crime, trespass on a railway or the attempted apprehension of a criminal which must have taken place in Great Britain (including the Channel Tunnel). To make a claim the culprit does not have to have been apprehended or convicted although if this is the case it makes the process easier. Claims must also be made within two years of the incident.

If an individual wishes to seek compensation from the perpetrator of the crime then the police must be informed. The individual cannot apply for compensation directly and on no account must he or she contact the culprit. The police will pass the information to the CPS who will inform the court. The offender will pay compensation through the court not directly to the victim.

Accidents happen and, when they do, it’s important to be prepared if you are going to file a personal injury claim. Being injured can change how you live your life. Even if your injuries heal, that doesn’t mean that your life will go back to the way it was. After an accident, many people lose confidence or no longer feel comfortable in the situation where the accident happened. These changes can have wide ranging impacts on all areas of your life. This is why it’s important to gather as much information to ensure your claim is successful.

Consider the following when preparing a personal injury claim:

•    Get legal advice. There is a lot of grey area when it comes to the law, and this is particularly true for accident claims. Seeking the advice of a solicitor or lawyer can mean that you have a much better chance at success. Not only will they review your case to determine if it has a chance of success, but they can suggest areas that you may not have considered in your claim.

•    Get a medical opinion. A doctor’s prognosis is always required for any personal injury claim. It is important to have thorough physical and psychological tests to determine the extent of your injuries, and also their possible effects in the future.

•    Compensation amount. Determining the amount of compensation you should receive can be very tricky. Items like medical expenses, repairs or replacement of damaged goods and the like are easy to document. What is much more difficult is the value of the pain and suffering due to the accident, both presently and in the future. Both of these areas are important for determining your compensation claim.

If you have been injured in an accident, automobile or otherwise, you have many decisions to make.  Especially if you were not at fault, you’ll want to consider your options regarding compensation for your injuries.  In many cases a solicitor will be required to help you with your case, and a no win no fee accident solicitor, someone who specialises in these cases, should be one option under consideration.

In the no win no fee claim, the solicitor is not paid his or her fee unless your case prevails.  Other fees, such as recording and copying fees, and fees to pay expert witnesses, however, may still need to be paid before the case is decided.  The solicitor’s fee is also much higher under a winning scenario than under a standard fee agreement. This is because the solicitor is assuming the risk of the case under this compensation package.  However, it can also encourage the solicitor to work harder on your case, since his or her compensation is at stake.

Some payment is usually required from you even under the no win no fee scheme, however.  Some fees need to be paid immediately, such as recording fees, copying and research fees, or fees for expert witnesses. Also, you will usually be asked to purchase an insurance policy called After The Event insurance.  This pays costs should you not prevail.

Your local Citizens Advice Bureau can often be a good first stop for information and assistance when considering a no win no fee injury claim.  There are, of course, advantages and disadvantages to the various schemes, and only you can decide which one is best in your particular situation.

Accidents at work can have a serious effect on the financial security and health of employees. Although companies are legally bound to ensure a safe and pleasant working environment, injuries unfortunately still occur.

Have a good look around your workplace. Are there cables lying around on the floor? Are there any faulty electrical fixtures? Are there any damp or wet patches where you could perhaps slip? 

Too often things we take for granted can lead to accidents, simply because they become so familiar to us.

Chemicals are a good example. Most industrial chemicals are highly toxic, but because we work with them every day any ill effects may take a considerable time to become apparent. However, allergies that could cause anything from respiratory trouble to irregular heartbeat may be the result of defective protective equipment and can severely impair our health.

If you find yourself suffering from any form of injury that you believe could be a result of poor working conditions, go and see your doctor immediately.

This may seem an obvious thing to do, but if you decide to take on a no win no fee personal injury compensation claim you will need your doctor’s notes, diagnosis and treatment, to substantiate your claim.

Choose a solicitor who is experienced in personal injury claims and check on his success fee if your case is upheld. Although you are not liable for costs if you lose your claim, a portion of your compensation may have to be paid to the solicitor if he is successful.

Remember, most claims have to be started within three years of you sustaining the injury.

The most serious kinds of physical injury tend to be those affecting the head/brain and/or spine, as these constitute the human central nervous system, which governs essential motor functions (movement, balance) as well as memory, vision and speech. Spinal injuries are distinct from back injuries as the latter is a common consequence of lifting excessively heavy weights or straining the back by lifting a load in an inappropriate manner.

These types of injury are frequently claimed against employers, who are under a legal obligation to ensure workers who are expected to lift heavy objects as part of their job are trained in how to do so safely. Brain injuries range from the relatively minor (mild concussion, for example) to skull fractures to severe brain damage (such as intracranial haemorrhaging or a malignant tumour), which can lead to paralysis, long-term incapacity or even death. Major brain injuries can be caused by road accidents (in particular for cyclists, even if they wear protective headgear) or by serious falls or criminal assaults. Common effects of such an injury are loss of concentration and/or memory, mental and/or physical disability, changes in personality, difficulty in communicating and extreme fatigue.

It is clear that injuries to the head/brain and spine often have devastating long-term consequences, and impact deeply and negatively on the victim’s entire life and also the lives of their friends and family. A victim of such an injury should seek expert advice from a specialist no win no fee solicitor in order to obtain the compensation that is due to them, which will help take some of the stress and strain out of the whole traumatic experience.

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.

If you have experienced injuries resulting from a car accident, medical negligence or an accident in the workplace, the chances are you will want to seek compensation from the negligent party to absorb loss of earnings and to provide you and your family with financial security.

By far the best and most cost-effective way of achieving personal injury compensation is to enter into a no win no fee agreement with a solicitor.

The ‘no win, no fee’ agreement has replaced Legal Aid as the fairest means by which to pursue a claim for personal injury resulting from negligence.

It allows each and every UK citizen to pursue a claim in the secure knowledge that, were they to lose their claim, not a penny would go to the solicitor representing their case.

This means that if you are the unfortunate victim of a car accident and are suffering the effects of whiplash or psychological distress, the loss of earnings resulting from inability to work are compensated.

It is sensible to discuss with your solicitor whether or not to take out an After the Event insurance policy. This will guarantee you will not have to pay out any costs from the pursuit of your claim; meaning that you get to keep all of the awarded compensation.

This policy should be taken out by your personal injury solicitor and covers the costs of the administrative and research side of the claim. It will also cover the cost of any success fee your solicitor may include in the personal injury claim agreement.

No win no fee accident claims cover a broad range of personal injuries, and whiplash is a common injury often caused by the violent and sudden movement of the neck (often during a car collision). Solicitors affiliated with the Motor Accident Solicitors Society (MASS) deal with personal injuries specifically resulting from car accidents. Participating solicitors provide a free initial consultation.

It is thought that about 20% of car passenger victims of road traffic accidents suffer from some whiplash, but only about 10% of all whiplash cases lead to long-term or severe disability. However even though symptoms of mild to moderate whiplash (neck and shoulder pain, headaches, blurred vision and dizziness) usually disappear after a few hours or days, a significant proportion of whiplash victims will require significant time off work to make a full recovery. In some cases a neck brace will need to be worn and occasionally the whiplash might involve some vertebrae fractures, which will mean the victim will suffer from restriction of movement as well as considerable pain and discomfort for many weeks or even months.

The existence and severity of whiplash can be identified by a medical exam or x-ray and these medical investigations will obviously form the basis of any car accident claim. More serious side-effects of whiplash include memory loss, persistent migraine, ringing in the ears (tinnitus) and depression or other mood disorders. Anyone who thinks they may have a whiplash injury should seek immediate advice from their GP in the first instance as they may be entitled to compensation. If symptoms are left unchecked, the whiplash effects could well worsen over time and this will inevitably impact on the compensation claim process.

Employers are supposed to ensure that they carry out their duty of care to employees. This applies equally to office workers as it does to shop floor workers.

For instance, anyone using a computer should be working in a suitably safe environment. The seating and monitor should be set at the correct height; keyboard wrist rests should be available if needed. Plus, regular breaks should be taken.

Information about potential risks should always be available and visible at all times in the office. This should include warnings and details of symptoms of RSI and associated disorders. The information must also tell employees that if they suspect they have symptoms of RSI that they must notify the employer immediately.

In short, while personal injury claims for RSI can and should be made, it is also important to realise that your chances of success in pursuing a personal injury claim will depend on your own behaviour as well as that of your employer.

If you believe that the steps outlined above have not been followed, then you are within your rights to make a claim against the employer’s liability insurance.

Recently our working patterns have changed with the use of mobile devices such as laptops, PDAs and Blackberrys. RSI injury can still occur and if you sustain the disorder while using your employer’s devices, it is possible that you could make a valid claim.

RSI is a serious condition that can result in you having to give up work. It shouldn’t be disregarded.

Perhaps the most vital thing to consider when making a personal injury ‘no win, no fee’ claim is the time it will take to complete. If you are claiming for an injury sustained as a result of a car accident, have suffered from an industrial or work-related incident, been victim of a wrong diagnosis by your local GP or hospital, or have suffered psychological damage as a result of negligence, you will want to begin a ‘no win, no fee’ claim for compensation.

Do not leave it too long before making your claim. Your personal injury solicitor will want to have as much time as possible to make your claim as watertight as he possibly can.

This means the solicitor getting in touch with as many witnesses as possible. Many of these witnesses will be leading busy lives and the details of the accident may soon start to blur. As the saying goes, the devil is in the detail.

This is particularly important with work-related accidents. Put yourself in the position of an employer; if he realises that he is culpable for the accident, it is unfortunately possible that he may attempt to cover up the traces of his negligence.

There have even been accounts of employers using strong-arm tactics on fellow employees in an attempt to suppress or divert the circumstances of the accident.
To avoid such a situation developing, it is crucial to contact your ‘no win, no fee’ solicitor at the very earliest opportunity.

By so doing you greatly increase the chances of a successful claim for personal injury caused by your employer’s negligence.