Claim Vs No Claim by Julian White
In establishing whether or not a claimant has a chance of being awarded compensation after an accident it is important to consider each element that has contributed to it and the surrounding conditions.
Compensation - How much am I likely to get? by Rob Shipp
In an accident claim for personal injuries the question I am asked quite frequently is how much compensation will I receive? Whilst this is a difficult area on which to provide definite advice at an early stage it is possible to get an idea of the levels of the personal injury compensation award you might receive.
Court Process - What Happens At A Hearing? by Dean Talbot
Very few accident claims result in a trial, or final hearing. Settlement of most accident claims is negotiated before court proceedings are issued, and even when court proceedings have to be issued, most accident claims are settled by agreement before a final hearing. If a claim has to proceed to a final hearing, there are several different types of hearing which a client may have to attend.
General Damages in Brief by Daniel Menell
This is the aspect of a personal injury claim which seeks to compensate a Claimant for their injuries, also known as damages for pain, suffering, and loss of amenity. It is often possible to give someone what transpires to be a reasonably accurate indication of the likely award for general damages following an injury in the first phone call. An injury resulting in a minor soft tissue neck injury, such as a whiplash injury commonly caused by being “rear ended” in a car might attract a compensation payment of only a few hundred pounds if the recovery is swift and uneventful over a period of days or weeks. More prolonged symptoms up to a year, and it may be worth up to about £2,500. A two year recovery may push the value up to about £4,500. An experienced personal injury lawyer should be able to form an educated view and give you broad advice from an early stage, based on your description of the accident and injuries, and might take into account factors such as your gender, age, occupation, pre accident health and a myriad of other matters. Ultimately though, any lawyer worth his salt will advise you that the indication of value is no more than that, an indication. A more accurate valuation really can not be formulated until the lawyer has before them a medico-legal report, which is a medical report prepared by an independent doctor to consider your injuries in detail.
Legal Expense Insurance by Daniel Menell
Pursuing any type of legal claim can be an expensive business, and a claim for compensation following a personal injury accident is no different. Although the conditional fee agreement you will enter into with your solicitor means that if the case is lost, you will not be responsible for their fees, the agreement offers a claimant no protection at all for the defendant’s legal costs incurred in defending the personal injury claim.
Motor Insurers’ Bureau by Daniel Menell
Many people who have suffered personal injury as a result of an accident involving someone who was not insured, or involving a "hit and run" believe that they are not entitled to claim compensation for that personal injury.
My insurers say I must use their solicitors by John Depner
You have just had been involved in an accident. You report it to your insurance company. They offer to put you in touch with their panel solicitors to deal with your compensation claim and tell you it is a requirement of your legal fees insurance policy that you must use their appointed solicitors. What do you do?
Occupier's Liability by Daniel Menell
Although tripping accidents which occur other than on a highway are not covered by the Highways Act, similar principles apply in establishing liability for a claim for personal injury and compensation. The Occupiers’ Liability Act 1957 (OLA) imposes a duty of care on those who own land or property, or those who have a measure of control over it. Although the OLA applies to slipping and tripping accidents, it also applies to many other types of accidents as well. Compensation claims do not always fall neatly in to just one category of accident, and often, claims can be based on allegations of a number of breaches of various statutes as well as breaches of common law. The OLA is a frequently cited statute. An "occupier" of land or premises is an individual or organisation who is in sufficient control of it. As a simple example, a private company may own land which is let to and used by another company who operate a car park on that land. Someone who has an accident on that land is likely to find that the correct defendants, in the event they suffer personal injury and wish to claim compensation, are the car park operators if they have overall responsibility for the upkeep and running of the land. If however the contract between the companies specifies that upkeep of the land is to be the owner’s responsibility, then the owner and possibly even both owner and occupier will be liable.
The Compensation Culture by Daniel Menell
It was not until the late 1980’s that solicitors were permitted to advertise their services. And I mean no advertising. Not even the smallest of ads in the services section of the local newspaper. It follows therefore, that the public were far less informed and less aware of solicitors, how they worked, even that they might be able to make a personal injury compensation claim at all. People may have needed a solicitor when buying a house, when Auntie Maud died, or when they found themselves accused of being on the wrong side of the law but generally speaking, the public had little to do with solicitors, and this created something of an air of mystique and made the entire profession seem somehow distant.
Third Party Capture by John Depner
You may have seen mention of this in the media, but what does it mean? In short it means big savings for the insurance industry and big losses for the innocent accident victim who will often be persuaded to settle their compensation claim for a lot less than it is worth.