Your Questions
Just Had an Accident?
If you have an accident and suffer some personal injury or damage you may be able to claim compensation. It might be a road traffic accident, involving another vehicle, pedestrian or animal or it might happen where you work, on the street or in your home.
You may have insurance which covers you against such personal injury risks as part of a homeowner's policy - and it is a good idea to be fully insured. If the accident took place in the last three years and involves another person, either directly or indirectly, and he or she is wholly or partly to blame for what happened, then you may be able to make a claim
Who is to blame?
In order to make a claim you normally need to be able to identify the person or persons who were directly or indirectly responsible.
Even if you cannot tell who caused the injury, it is sometimes still possible to make a claim against the Motor Insurers Bureau. Legally it is for the person bringing the claim (known as "the claimant"), to prove that the other party was to blame for the accident.
In some cases, you may not know who was to blame; perhaps the injury was the result of uneven paving stones or of badly constructed scaffolding falling down; or you may feel that you were partly responsible for events yourself. Even in such cases, it is still possible for you to proceed with your claim.
We will be glad to advise you on the amount by which your damages may be reduced because of the fact that the accident was partly your fault (contributory negligence).
You must also prove that the accident directly caused your injury.
Usually this is clear enough, but what about a long term problem (such as a bad back) made worse by the accident? Although you may not know precisely to what extent your injury can be attributed to the incident, it may still be possible to claim.
We will be happy to advise you on this and help you prepare and pursue your claim in the most effective way possible by taking the appropriate action immediately.
What immediate action should I take?
When an accident happens you should make notes of the place where it happened, the time, the details of any other parties involved, and the names and addresses of any witnesses. You may need this information at a later date to prove the way in which the accident happened and what actually took place.
As the claim progresses we will collect other important factual information for you such as police reports of a road traffic accident, witness statements, expert evidence and medical reports.
How serious does it have to be?
The injury you suffer as the result of an accident does not have to be very serious before you can claim.
Most injury claims are worth a minimum of several thousand pounds; more serious ones can run into hundreds of thousands. But there are occasions when it will not be worth proceeding, for example:
- When you are solely to blame for the accident.
- When the resulting injuries are too small to be significant.
It is not easy to identify when a claim is too small without knowing the specific circumstances. Small blemishes that an ordinary person would disregard might ruin the career of a top model. Even a twisted ankle could prevent a manual worker from earning a living for a considerable time.
As soon as you become involved in an accident and suffer an injury or damage you should consult us. We will be able to advise you whether or not you have a claim worth pursuing
What is the procedure?
It is not an easy task, to pursue and win a claim for compensation.
It can be a complicated and lengthy process, especially when the defending party or his insurance company contests the case or makes offers of settlement that are less than you are entitled to.
However, most cases are not seriously contested and are usually settled out of court. Depending upon the seriousness of the injury and the time that you take to recover, the simpler cases may be settled in a matter of months.
The first thing to do after you have suffered an injury is to contact us.
We will advise you whether it is worth making a claim. We will then write to the person or persons you are holding responsible, asking if they intend to defend the claim.
(If of course you find yourself defending a claim made against you, you should ask us for advice on how best to go about this straight away. There are strict time limits for responding to letters from solicitors and to Court summonses and cost penalties for failing to do so)
There then follows a period of time in which medical reports are prepared and both sides look for a way of reaching a negotiated settlement of the claim without going to court. During this period you will be asked for documentation to back up any claims you are making and will be required to attend one or more medical examinations.
Sometimes it is just not possible to agree a settlement, in which case a Claim Form or a summons will be issued at your local Court and served on the other party (the Defendant). The Court will then issue directions so that all of the evidence is gathered together, and the case made ready for going to court.
Claims worth up to £15,000 have to be finally dealt with by the Court within 32 weeks from service of the summons.
Larger more complicated claims may take much longer particularly if your injuries are slow to heal and further medical investigation is required. If no agreement is reached the case will be heard by a Judge in your local County Court. The Judge will listen to what both sides have to say and then decide the outcome of the case making an award if appropriate.
It is never too late to reach a settlement, even after the hearing has begun and we will continually look for ways to shorten the proceedings for you.
If many cases responsibility for the accident is not in dispute, only the size of the award. In such cases it may be possible to arrange for interim payments to be made to you whilst waiting for a final Court hearing to determine the value of your claim. The value of your claim is known as "quantum" from the Latin word for amount.
What can I claim?
You can claim two types of compensation:
- General damages
- Special damages
"General" damages are paid for the physical aspects of the injury itself: shock, pain and suffering, and loss of amenity.
'Loss of amenity' means the ways in which your life may have become less agreeable, for instance by your domestic or social life being restricted in some way as result of the accident.
Awards under this head of damage are based on previous awards in similar cases and by "guidelines" issued each year to Judges by the Judicial Studies Board the aim of which is to ensure consistency of awards around the country. The award will depend upon the full extent of your injuries but we will give you some idea of the compensation to which you are entitled at our first meeting.
"Special" damages will vary in every case. Their purpose is to reimburse you for the financial losses you suffer as a consequence of the injury, such as lost earnings, and any additional out of pocket expenses you incur.
Interest is added to both General and Special damages at different rates.
State benefits received by you during time off work are notified to us by the DSS Compensation Recovery Unit and have to be deducted from your claim for lost earnings. Those earnings are usually paid net of income tax. Compensation awards are tax-free.
The judge will expect you where possible to do everything you can to minimise or "mitigate" any losses arising from your accident. You are not allowed to sit back and do nothing to improve your position and will be criticised if you do.
How much will it cost?
We cannot say in advance exactly how much a claim might cost, since lawyers fees are based on the time spent on a case, and this is hard to predict. Recently a scale of 'fixed' costs has been agreed between Claimants and Defendants representatives which will apply to those smaller claims settled before Court proceedings.
At Fisher Jones Greenwood, initial telephone advice is free of charge and does not commit you to proceed, so it is certainly worth your while checking with us to see if you might have a claim.
The Law Society has a specialist panel of solicitors who undertake personal injury work. Chris Yemm at Fisher Jones Greenwood is a member of this panel and the Association of Personal Injury Lawyers (APIL) The firm is also a member of the Law Society's approved Accident Line Scheme, so that initial interviews in person are also free.
We will also undertake personal injury work on a "no win, no fee" basis. This is not quite what it sounds however since unless we can come to some other arrangement you will still have to pay for Medical reports and Court fees yourself as the case proceeds or when you receive an interim payment.. What it does mean however is that you will not have to pay anything to us out of your compensation.
Insurance is available to cover you if you lose and are ordered to pay the other side's costs. The premium for this insurance is recoverable from the other party. At FJG we have a Law Society approved arrangement with Accident Line. Contact us for more information.
If your claim is successful the other party, or their insurers, will have to pay your legal costs. We will also charge a "success fee" which will be recoverable from them as part of your legal costs.
Legal Aid is no longer available for most accident claims. However if your claim is complex, raises issues of general importance or relates to a deliberate assualt you may qualify for legal aid if you are on a low income. If you want to know if you qualify on financial grounds you can use the the Legal Services Commission eligibilty calculator
Do's and Don'ts
Do not admit liability. Even though an accident may have been partly your fault, you may not be wholly responsible. Indeed, once the full facts are known you may turn out not to have been at fault at all. You may quite naturally, feel sorry for an injured party, but you should not admit liability until you have taken our advice.
Don't accept any payment immediately or offer to pay damages yourself. You may compromise the claim you are making or defending.
Come and see us before you go to your insurance company and we will advise you on whether you have a potential claim - or on the best way to deal with a claim made against you.
Keep a record of all conversations with the other party and of all expenses that you incur as a result of the accident. Some cases go on for several years and memories fade. It is up to you to prove your case and you may have to do so in Court!
If you are injured you must start Court proceedings within 3 years of your accident or injury or else you will lose your right to claim compensation.
Always instruct a qualified solicitor who is approved by the Law Society to deal with accident cases. That way you can be sure of professional and independent advice. Many companies now deal with accident cases using unqualified "claims managers" who are paid on commission. They will not necessarily act in your best interests.