ACCIDENT COMPENSATION ADVICE - NO WIN NO FEE
Our specialist solicitors offer accident compensation advice at no cost and with no further obligation. They operate the risk free no win no fee scheme and are all members of the Law Society panel of personal injury experts with wide experience in settling accident claims. If you instruct us to represent you we'll ensure that you get a fair deal. Whether you win or whether you lose you won"t pay your solicitor one penny and your compensation will be paid in full with no deductions. You do not have to finance your claim in any respect. You won't have to pay for any disbursements or insurance policy. If you would like free accident compensation advice just use the helpline or complete the contact form and a specialist solicitor will speak to you on the telephone with no further obligation.
HELPLINE 0844 332 0553
Compensation Awards
General Damages represents compensation for losses that must be assessed because they cannot be precisely calculated and includes :-
- pain and suffering
- loss of amenity
- future loss of earnings
- loss of earning capacity
- loss of pension rights
- future expenses
Special Damages represents compensation for items that can be precisely calculated and includes :-
- cost of past care and assistance
- medical treatment
- aids and equipment
- loss of past earnings
- out of pocket expenses
Interest may be payable on damages. The rate payable and the period for which it is payable varies depending on the type of damages. Interest on special damages runs from the date of the accident whereas interest on general damages runs only from the date of service of court proceedings.
Interim Damages can be claimed if your opponent admits that his negligent behaviour caused the accident but does not agree with the amount claimed. A solicitor can apply for an "Interim Payment" and the opponent pays some money now and then the court decides how much more is payable at a later date.
Provisional Damages for personal injuries may be awarded where there is a chance that at some time in the future, the injured person will develop some serious deterioration in his physical or mental condition. The court will then reconsider awarding further compensation at a later date if the person's health deteriorates as a result of the injury.
HELPLINE 0844 332 0553
Time Limits
If you have an accident you must either settle your claim or issue legal proceedings in a court within 3 years of the accident or the claim may become statute barred and you will lose the right to claim compensation. The law concerning limitation periods can be complex and difficult and it is essential that accident compensation advice regarding the rules governing time limits be obtained from a qualified solicitor as soon as possible after the accident. Some of the exceptions to the 3 year rule include :-
- if you were under 18 when the accident happened then the 3 year period only starts to run from your eighteenth birthday
- if the injury was not obvious at the time of the accident then the three years may start to run from when you found out about it
- the court can at its discretion extend the time limits
HELPLINE 0844 332 0553
Personal Injury Compensation - How Is It Calculated?
One of the commonest tasks of a judge sitting in a civil court is also one of the most difficult and that is the assessment of damages for 'pain and suffering'. No award of money can ever properly compensate for injury and it is not possible therefore to mathematically calculate an award. The solution adopted by judges is to compare each case to be decided with other previously decided cases. This can be done either by meticulously researching other similar cases or by adopting the suggestions for compensation outlined in a publication called 'The Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases' which attempts to distil the conventional wisdom contained in the reported cases, supplemented with practical experience of the working party and presenting the information in a convenient logical and coherent form. Judges use this guide together with their own personal experience and after consideration of previously decided cases to place an estimate on the value of any particular claim.
HELPLINE 0844 332 0553
Wages Lost - What Can I Claim?
Past Loss of Earnings
If an injury is serious enough to justify time off work then a claim can be made for wage losses which will generally include the actual loss of net income suffered by the victim. There might be a period out of work or the need to work reduced hours or an inability to work overtime with a corresponding reduction in overall income. If payments are received from another source such as DSS benefits or income protection insurance then the amount will be taken into account to ensure that the recipient is not in a better position than he would have been if the injury had not occurred.
Loss of Future Earning Capacity
This part of a wages loss claim can be very substantial particularly in more serious cases. In most minor accidents, the injuries will cause incapacity or inconvenience for a limited period, however, in more serious cases the effects can be protracted or permanent giving rise to long term losses which can be claimed.
Disadvantage on the Labour Market
A sum can also be claimed for disadvantage on the labour market which means that even though the claimant may not have suffered an immediate loss, if there is a possibility of his current employment terminating and difficulties would then be experienced in obtaining alternative employment in the future as a result of any residual disability, due to the accident, then a compensatory award can be claimed which is known as a 'Smith and Manchester' award.
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.