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Month: June 2019

What is the Personal Injury Claims Process?

Posted on by Jonathon

Although all personal claims are different, the process of them is much the same. Understanding the process can make it easier to understand how much you might get in terms of compensation, and the expected amount of time it will take until you receive that compensation. Depending on the severity of your injury, this can be a long process or one that takes very little time at all. When you get legal assistance with your claim, you will be guided through a series of steps that will be discussed with you at every stage. The more that you understand the process of making a personal injury claim, the easier it will be to understand what is happening with your case. Here are the key steps.

1: Detail Gathering – Your legal team will gather your details. They will evaluate the validity of your claim and make a decision on representation. Your personal details and the facts regarding your accident will be gathered. They will let you know quickly if they are going to be able to represent you.

2:  Documentation – A solicitor will be assigned to you, and they will collect all of the documentation related to your case. You will then review that documentation to ensure that all of the details are correct.

3: Evidence Collection – The next step is to start gathering evidence. This will be needed in order to support your claim. Your solicitor will write to witnesses, get as many details from you as needed, and even contact your employer. If your injury is causing you to miss work, then financial losses are going to be a factor in your compensation amounts.

4: Contacting the Defendant – If you are making a claim against someone, then your solicitor will wait until the necessary evidence has been collected and then contact them. They are then known as the defendant. This could be a private individual, a company, a public body, or an insurance company. They will be informed that a claim is being made against them.

5: Medical Clarification – A copy of your medical records will be obtained. Your solicitor will often arrange an additional medical appointment for you. They may make use of an independent medical expert. At this point, your legal team may be able to arrange any additional medical treatment that you might need.

6: Defendant Response – This is when the process might slow down. You will have to wait for a formal response from the defendant. In cases where you are waiting for a response from an insurer, this can take time and will depend on when, where, and how your accident occurred.

7:  Pre-Action Protocol – This is all about the exchanging of information so that it is a faster process. Time limits will be set and will need to be acknowledged. This is often the point where a settlement may be issued by the defendant. In cases where no response is given then this is when your solicitor will initiate court proceedings.

8: Liability – If the defendant admits to being the cause of your injury then settlement will be discussed. Your solicitor will conduct negotiations on your behalf. If the defendant does not admit liability then they will at this point be required to provide any evidence. Your legal team will then do an investigation into their claims. They will advise you on whether a court case will be necessary.

9: Settlement – If the defendant admits liability and a settlement is being discussed then your solicitor will provide them with your medical report. This can help ensure that you get the right compensation amount.

At any point in this process, the defendant may make some kind of settlement offer. Negotiations can often result in not needing to go to court. When your claim has been settled, you will be told the total amount of compensation that you will receive and when you will receive it. This is normally within 21 days of the settlement being agreed on. The more experienced your solicitor, the easier the process of making a personal injury claim will be.

What’s the Average Personal Injury Claim?

Posted on by Jonathon

There are a number of factors that will need to be taken into account when calculating your potential compensation amounts. In order to work out the value of your claim, these aspects will be factored into the final decision:

  • The type of injury you have received
  • How serious the injury is
  • Expected rehabilitation time
  • Psychological issues that may have been caused by your injury
  • Any financial losses you have suffered from due to your injury

At their foundation, all personal injury claims are made with the intention of redressing your injury. The intention is to ensure that you are better equipped to get your life back to how it was before the injury happened. As a result of that guiding principle, all claim amounts will be set dependant on your level of pain and suffering.

The more seriously you have been injured and the longer that your recovery will take, the higher your compensation payout can be.

Special and General Damages

Courts will look at the facts of your claim. As well as the pain and suffering that you have suffered, they will also evaluate expenses that have occurred. This could mean medical expenses, travel costs of getting to and from hospitals, or any other expenses that have been made or expected. If your injury has cost you money, then special damages compensation is intended as a way to reimburse you. Special damages will always depend on your specific case.

General damages are intended to compensate you for any pain that you have experienced as a result of your injury. The seriousness of your injury will vary the compensation amounts that you might receive, although the Judicial College Guidelines do have some set criteria for compensation levels. This will mean a medical evaluation but can result in much higher compensation totals.

Average Compensation Amounts

Due to the fact that all personal injury claims are different, it can be very difficult to make a general statement about average compensation amounts. A different injury will result in a different payout amount. The body part that has been injured will also be factored in, but some examples of average payouts include:

  • Neck injuries: For minor neck injuries, you should expect to get no less than £1,000. Even for minor neck injuries, there have been payouts as high as £6,920. The more serious your neck injury the more money you may receive in compensation. For severe injuries, there have been claims made for between £114,000 and £130,000.
  • Vibration White Finger (VWF): An increasingly common injury, VWF can widely vary when it comes to compensation. Minor cases have seen payouts between £2,500 and £7,500. Even a moderate case of VWF has seen compensation as high as £14,690. Serious cases of VWF can even go as high as £33,000.
  • Poisoning: This covers food-related poisoning, and compensation amounts can be very unpredictable. Minor cases can see payouts of around £1000, while moderate cases can fall anywhere between £3,400 and £16,800. If you suffer a serious case of food poisoning then you might get as much as £46,000.

All types of personal injury claim compensation amounts are intended to get you back to a fully recovered state as quickly as possible. While the average claim can widely vary, the best way to get the settlement that you deserve is to speak to legal experts. They can advise you on what to expect. That will make your recovery much easier to deal with, no matter how serious your injury might be.

A Guide to Calculating a Personal Injury Claim

Posted on by Jonathon

The term ‘personal injury’ is a general one that is intended to cover instances of physical or mental injury or those that have become ill or diseased due to the negligence of someone else. As general as the term may be, it remains a legal term, and that means that it provides protection for those that suffer needlessly due to the negligence or ill intent of a third-party.  Starting a claim for personal injury is a straightforward process, but you will require legal assistance. There are some set factors to be aware of when it comes to calculating compensation amounts for a personal injury claim. Professional guidance will ensure that you know just what amounts you can get, and assist you in obtaining a faster result.

Personal Injury – What Can I Claim For?

All cases will need to be looked at individually. Personal injury cases are all different, and even cases that are very similar could have very different outcomes. The severity of the injury will be a vital part of ascertaining your claim amount.

Compensation will be dependant on the pain that the victim has gone through, how that pain has affected their life, any ongoing suffering, and the financial impact of their injury.

Normally, someone who has received only a minor injury will be compensated less than someone who has suffered a more serious one. Two main factors are taken into account when calculating compensation amounts in a personal injury case. These are:

General Damages: This is in place in order to reflect the pain and suffering caused by personal injury. It can be difficult to ascertain the pain levels that general damages will cover for. However, there are governing boards and independent bodies that have clear guidelines for every type of injury. The Judicial Study Board has set brackets for assessing and calculating compensation amounts for a wide range of specific injuries. Additionally, your solicitor may also hire medical experts in order to help make a clear decision on how much compensation should be claimed for.

Special Damages: These are intended to cover the injured person financially. They will be awarded if a case can be made that the personal injury led to a financial shortfall (such as missing out on salaried work hours, or the cost of home improvements required after an accident). If your personal injury has affected you financially, then special damages may be able to help recoup your monetary losses. Examples of costs that special damages can cover include (but are not limited to):

  • Ongoing or paid for medical expenses
  • Prescription costs
  • Physiotherapy expenses
  • Travel costs
  • Home help

One of the most important things to remember about personal injury claims is that they have varying levels of complexity. For example, road traffic accidents will be categorised in different subsections to an accident at work.

Personal circumstances will play a large role in determining your total amount of compensation.

No matter your injury or financial circumstance, you will have a much better chance of making a successful claim, and getting the compensation total that you need, if you have legal help from professionals who have experience with personal injury claims.