CAR ACCIDENT COMPENSATION CLAIMS

If you have been injured in a collision you should seek medical assistance as soon as possible. Just because an injury might seem minor, it doesn't mean you will not require medical care. Many injuries, especially whiplash, can manifest themselves days or even weeks after an accident. By seeking medical advice from your GP or A&E you are creating a permanent record of the injury which is useful to a lawyer who will subsequently pursue car accident compensation claims on your behalf.

In a personal injury case, your lawyer must prove liability and damages. Before an award of damages is made, your lawyer must prove that the defendant is legally responsible for your injuries and loss. Negligence is the failure to take reasonable care. Negligence is assessed against what a reasonable person would have done under the same or similar circumstances. When considering car accident compensation claims the court will examine the factual circumstances and assess whether there has been negligence on the part of the defendant.

Responsibility or liability for the injury of another person means :-

• one person owed another a duty of care
• that person breached that duty of care
• the breach of duty caused an injury
• that loss resulted from the breach in duty.

If the defendant (the person/party whom you sue to recover damages from) is found to have been negligent, the court will then assess the value of your claim. Medical and other expert evidence will be used to determine the extent of your injury or loss. In order to award compensation the court must be able to ascertain the value of the loss. In car accident compensation claims, the injured party may recover damages as follows:

• loss of past and future income/wages
• medical and pharmaceutical expenses for the past and for the future
• attendant care and domestic assistance for the past and for the future
• pain and Suffering for injury (including psychological damage)
• other losses and legal expenses
• damage to personal property

Generally, you have only 3 years from the date of the accident within which to make a claim. Failure to make a claim within this time period may result in you being legally prevented from claiming compensation. There are exceptions to this general rule. It is important to consult with a lawyer as soon as possible to understand your rights if you believe you have been negligently injured in a car accident.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialist accredited expert members of the Law Society personal injury panel with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a “no win no fee” basis. Compensation is paid in full and win or lose there is no charge.¹