More than three million citizens of the United Kingdom are the victims of personal injury each year. From auto mobile accidents to defective product manufacture to poor property maintenance, there are many ways to get hurt due to someone else’s negligence. While some accidents are minor, requiring little by way of recovery, some injuries take months of medical rehabilitation, and others result in death. These costs, along with wages lost due to the inability to work and payments made to replace any damaged property, can quickly add up and ruin someone’s personal finances.
Whether an injury occurs in the workplace or whilst driving a motor vehicle, it is important for an injured person to hold the responsible party accountable. Because the costs can add up to tens of thousands of pounds, it is only fair that these damages are compensated by the person or persons who caused the injury.
Compensation
In cases where the injured party can prove that he or she is not responsible for the incident, it may be desirable to seek legal counsel to claim compensation to which he or she is legally entitled. Using the help of a Citizens Advice Bureau (CAB), an injured man or woman can seek aid in selecting a qualified solicitor. With the aid of a solicitor, making a claim and recovering from the financial blow of a personal injury is simple. A solicitor is knowledgeable about which claims are likely to succeed in court and can help an injured person take the best course of action to maximise his or her compensation.
Compensation is available in two basic formats. General damages are meant to cover the immediate costs of the injury, including lost wages. Special damages are paid to offset the costs of additional expenses related to the injury, including costs incurred while travelling for medical care as well as property replacement. The more severe an expert medical examiner deems a case to be, the more the injured party can gain in both general and special compensation. However, if blame is shared by both parties, compensation may be reduced or even denied.
Making a Claim
In many personal injury cases, the injured is not to blame for his or her injuries. If a claim for compensation is desired, the injured must work quickly to begin legal action against the party responsible for the accident. For instance, negligence cases must begin no later than three years after the initial injury. Each type of personal injury comes with a different time table, so it is wise to contact a CAB to accurately determine how much time is available. Keep in mind that a judge may extend deadlines in extreme cases, but this is typically reserved for cases where a person is so badly injured that he or she cannot make it to court.
The first step in a claim is to present the person or persons being held responsible for the accident – the defendant or defendants – with a letter outlining the claim. The solicitor will require specific details about the injury and the incident surrounding it to create this letter, so it is best to keep detailed records of all matters relating to the event. The date or dates of the injury, contact information from any witnesses, and a detailed account of the medical diagnosis and treatment required for the injury are required.
The defendant has a fixed period, usually three months, in which to reply to the letter. In his or her response, the defendant will either accept or deny responsibility for the claim. If acceptance is indicated, the matter can usually be settled out of court. A “Part 36 offer” is made, based on the estimated value of the claim, and negotiation ensues between the solicitors of both the plaintiff and the defendant. However, denial of responsibility for the claim by the defendant requires that judicial pursuit follows.
Solicitor’s Fees
Predictably, legal fees can add up quickly during the claims process, and government aid in personal injury claims cases is not available. In many cases, UK citizens owe more in legal counsel fees than their winning claim pays out. It is estimated that an annual sum of £2.4 million is incurred in personal injury legal fees in the nation from auto mobile accidents alone. Add in workplace accidents, in-home accidents and accidents in public, and this total climbs much higher. Members of trade unions, however, may be eligible for discounts on their solicitor’s fees.
Solicitor’s fees are most often the responsibility of the losing party when a claim is settled in court. In the event that a case is successful, the legal fees of the injured are covered by the person or persons responsible for the accident. However, should the claim be unsuccessful, solicitor’s fees are passed on to the plaintiff. Because the injured party runs the risk of having to pay both his or her own legal fees and those of the defendant in a failed claims case, it is wise to select a solicitor that offers the security of a “no win, no fee” scheme. Solicitors who work with firms that offer such a package are careful to give an honest assessment of a claim’s validity, and are unlikely to involve themselves in a case that has no value. Some solicitors who charge an hourly fee may be inclined to take on a losing case for profit.
Save money, effort and time. Get compensated appropriately for your pain and suffering. Find a reputable solicitor who gets paid only when you do for maximized concentration on your physical and financial well-being.
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This article was contributed by AccidentClaims.org, the best online resource for legal experts and advice regarding your accident claim.