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Introduction: ........................................................................................................................................... 2 Making a personal injury claim: .............................................................................................................. 3 Handling your own accident claim .......................................................................................................... 3 Accidents at Work ................................................................................................................................... 3 Who is Responsible? ............................................................................................................................... 4 Who Can You Talk To? ............................................................................................................................ 5 Compensation Levels .............................................................................................................................. 5 Claims Assessors and Managers ............................................................................................................. 6 Special Compensation ............................................................................................................................. 8 How Much Compensation Should You Expect? ...................................................................................... 9 How Much Have Other People Been Awarded For Injuries Like Yours? .............................................. 10 Compensation Calculator...................................................................................................................... 10 What Happens When You Make A Complaint? .................................................................................... 11 A Reasonable Period To Respond to a Claim ........................................................................................ 11 Other Options Beside Court .................................................................................................................. 12 Claim Forms: Sending and Receiving .................................................................................................... 12 Proving and Documenting Your Injury .................................................................................................. 13 Independent Examinations ................................................................................................................... 14 Loss of Earnings..................................................................................................................................... 14 Past Earnings ......................................................................................................................................... 14 Future Earnings ..................................................................................................................................... 15
Introduction:
Youll often hear people talking about compensation culture and the litigious society that we live in today but what does it means and how does it affect you? If youve been involved in an accident or otherwise suffered an injury or loss of property which you believe is some-one elses fault you could have a claim. Claiming compensation isnt about getting money out of a person or body as a reward for having an accident or being the victim of some-one elses negligence. Compensation exists to financially reimburse you for loss of earnings, the costs of repair or replacement of possessions and other unavoidable costs that you will find unavoidable if you find yourself unable to work, take care of your children or live your life as fully as youd normally expect to do. The process doesnt need to be complex and if you collect all the necessary evidence to prove your case it can be virtually stress free and most importantly, brief. For basic claims you dont need any legal training, in many cases just follow instructions and filling in paper work is all a claim requires. If, on the other hand, your case is complex, involves numerous individuals or bodies it could be worth securing legal representation, be that a solicitor, lawyer or barrister.
Accidents at Work
If the accident happens at work you should report it to a first aider and make an entry in the accident report book that most employers are required to keep. If your work doesnt have an accident report book you must take it upon yourself to write out a statement again, this time sending a copy to your employer and keeping a copy for yourself. If youre self employed its your responsibility to inform the Health and Safety Executive or local Environmental Health Department of any accidents resulting in injury. More information is available here: www.hse.gov.uk When it comes to taking legal action, if you want to claim compensation you will need to get advice from a solicitor in the first instance; preferably one who specialises in your particular type of case. This should be done as soon as possible as there are certain time limits in place for taking legal action. Exceptions exist if you were a child at the time the injury was caused or your injury is degenerative, such as in the case of asbestosis.
The most common claim in an injury case is negligence and the limit in negligence and personal injury claims is three years. However, in some circumstances the courts may decide to extend the limits on a particular case depending on circumstances. When Should You Take Action And What Should You Expect? If you are considering taking legal action and havent seen a solicitor you should be aware that time is already slipping away and you should seek help from an experienced advisor. Many solicitors offer a free surgery to examine the details of your case in order to see whether it is winnable and whether they are able to handle it. Your local Citizens Advice Bureaux is also able to offer help and advice for free, however, while they can offer advice they cannot act as representatives in legal proceedings. Lodging a complaint doesnt automatically mean getting compensation. If you lodge a complaint with a company or organisation the details should be examined and you should get back an explanation and an apology, however, this process takes time and the result is going to be an apology. If youve suffered an injury and you want an apology and financial recompense for time youve had to take off work, trips to hospital or physio, childcare and all other extraneous expenses that youve incurred as a result of some-ones negligence you should be aware that the complaints process can take a very long time so bear that in mind if youre making a complaint and waiting for their reply before then going on to making a claim against them.
Who is Responsible?
If you feel that making a complaint is important in your case and you also feel that there is enough time to get a result to your complaint before taking further action or you are going to complain and claim concurrently there are a number of bodies who will look into your complaint depending on how and where the accident or incident took place. These include: *Government departments *The local authority where the incident took place *You employers *the police or Independent Police Complaints Commission *The school, College University or other educational institute where you were hurt *The hospital or NHS trust who are responsible for the facilities where you were injured Where these organisations are public bodies there are official complaint processes set up already. To find out more you should call the organisation concerned to find out how to complain and then follow the process, remembering to keep records of all correspondence between yourself and them. Your claim for compensation If youre making a small claim then the first place you should look would be, unsurprisingly, the small claims court. There are guidelines on how to pursue a claim through the small claims here. The language is quite legalese but clear enough to understand if you take the time and effort to read it
carefully. Because the claims and awards are naturally quite small you dont need a solicitor to make a small claim, mostly the process depends on a great deal of paperwork rather than relying on representation. Its for this reason that the more evidence you can collect at the time of the incident, witnesses, photos, statements, police and medical records are all so important for a smooth and rapid resolution.
Compensation Levels
The amount of compensation you can expect to receive depends on a number of factors. Not least of these factors is whether you are claiming for general damages or special damages. General damages are paid out as compensation for a particular injury. For example, you may be awarded compensation for pain, suffering and loss of future earnings, the amount this comes to will be adjudged by the courts. Special damages are compensation payments that cover actual financial loss caused by the accident up to the date of the hearing. These payments would normally include (where applicable) damage to clothing and other personal possessions and effects that were destroyed in the accident, travel costs for hospital visits (keep a hold of your taxi receipts, bus and train tickets), medical expenses including private medical care where applicable, and the costs of car hire and repairs if it was a road traffic accident. If you were partly to blame for the injuries you received its still worth pursuing a claim, for example, if you werent wearing a seatbelt at the time of your accident. The courts will take this into consideration and may well reduce the amount of compensation you receive but provided you werent fundamentally responsible you might well still qualify for remuneration. If you have been receiving healthcare and disability benefits from the state as a result of your injuries you may have to repay them upon winning your award. The caveats and provisos are so numerous as to be impossible to list here; instead, you should talk to a specialist in personal injury claims or the CAB for specific and particular advice in this matter.
Another resource which is very useful when looking for the right solicitor for you specifically if youre making a personal injury claim is the Association of Personal Injury Lawyers (APIL). This is a non profit making group of solicitors, barristers and academics who are able to offer specialist help, advice and representation in cases involving personal injuries. Members of APIL are often accredited as having expertise in particular fields of personal injury law. All members have to follow a code of conduct and a consumer charter. Again contact them by letter, email or phone. APIL 3 Alder Court Rennie Hogg Road Nottingham NG2 1RX 0115 958 0585 mail@apil.org.uk
If the injuries youve suffered come not as the result of an accident but as part of a criminal incident you should approach the Criminal Injuries Compensation Authority. If you were injured directly as the victim of a crime, while helping the police after a crime had been committed or an immediate relative of a person who died as the result of a crime you can also make a claim. As with any criminal activity you aught to report the incident to the police as soon as is practically possible and an application in criminal injury cases usually has to be made within two years, however, in certain circumstances the courts have the discretion to extend this limitation, for example, if youre brining a case as an adult for injuries which you sustained as a child. You can contact the Criminal Injuries Compensation Authority for applications and help and advice completing the forms from: Criminal Injuries Compensation Authority Tay House 300 Bath Street Glasgow G2 4LN 0300 003 3601 Mon thru Fri 08:30 to 17:00 except Weds 10:00 to 17:00
If you require any additional information about applying for compensation for a criminal injury you can also go to www.justice.gov.uk. Details of the crime you were a victim of need to be entered on your claim form and specifics are important. If you think youd like help filling in the details you can consult an experienced adviser, your solicitor or your local Citizens Advice Bureaux. In some circumstances a criminal convicted of an offence may be ordered by the courts to pay compensation for injuries that they have caused along with further loss and damage that their behaviour caused.
Special Compensation
Special compensation is sometimes awarded for some injuries and losses. The clearest example of this kind of compensation is the MacFarlane Trust and British government scheme which compensates people who were given blood infected with HIV receiving blood transfusions in the 1980s. People whove become ill or suffered permanent disablement after receiving vaccinations can approach the Vaccine Damage Payment Unit. When it comes to drug trials, you may have been a willing, paid participant but if things go badly wrong you can make an accident claim for medical negligence from the NHS. Asbestosis is a unique case and is handled differently meaning that there are special schemes in place for claiming compensation. Different cases are covered by different processes, for example if you worked with asbestos and became ill because of it you may be able to claim under industrial injuries disability benefits and your employers. If you developed asbestosis another way, such as having a parent who worked with asbestos who brought asbestos into the home on clothing you may be able to make a one-off payment claim against the government. These claims are time sensitive and for more information about how much you could receive and how quickly you should make your claim you should go to direct.govs Diffuse Mesothelioma Payment page. If you are living with a disability and are unable to work, or have a disabled child you should be able to claim additional financial help with living costs by claiming the Disability Living Allowance. In many of the circumstances a solicitor should be able to help you if you think that you are entitled to make a claim. They can help you decide if you should make a compensation claim under a particular scheme or whether it would be better to make a claim through the courts. If youre having trouble financially as a result of injuries that you sustained due to an accident or crime then there are also specialist money advisers who can help you with benefits and debt management. If, for example, you are unable to work and have loans or a mortgage then you could be able to get help with freezing interest, postponing payments and rescheduling debt until such a time as you are better able to meet your financial commitments. Talking to your bank manager, loan company, credit card company should help if you approach them as soon as possible and are able to provide evidence that your revenue stream has been cut off should mean that they look sympathetically won your case, again the Citizens Advice Bureaux or a solicitor should be able to help if you feel they are less than reasonable.
Further Financial Considerations If youve been hurt and cant work then youll most likely be going through your savings and therefore not likely to have the available funds to take a case to court, particularly in your current medical state. If youre taking a private case against an insurance company for a personal injury it is unlikely that you will get legal aid. Indeed, in a leaflet published by the Legal Service Legal Aid is specifically noted as being unavailable for employment tribunal, personal injury and damage caused by negligence. This being so, if you dont have insurance to cover the costs of making a claim against a third party your access to justice might seem limited. This is where No Win No Fee solicitors come in. After a consultation during which the merit of your case will be assessed you will be told whether or not the solicitors believe your case is winnable and therefore whether your No Win No Fee solicitor is prepared to represent you. If the case is fought and lost you wont have to pay your legal fees (some companies charge a small administration charge, you should check what this might be before pursuing your case) and if you win the costs are usually awarded against the defendant, i.e. the people you are suing, leaving you with the compensation award in full.
If the compensation you want isnt worth a great deal, you might find that you damaged clothing or lost a small amount of personal property but werent really hurt yourself then often a simple letter outlining your grievance and also providing copies of receipts may be enough to warrant an investigation and settlement without the hassle and expense of going through mediation or even court. The same applies for accidents where you were hurt but not very badly, if you fall and graze your knees for example; you wont need time off work but you would like to have your pain and discomfort recognised. Of course it might not be compensation youre after beyond the cost of repairing or replacing damaged property, however, a genuine apology and a promise to ensure that they will take all reasonable steps to make sure this type of thing wont happen again might be reward enough. Mediation wont necessarily get you financial compensation of any kind, let alone a huge payout but it will mean that youre more likely to get an apology and a change in policy, training or behaviour which means that no-one else aught to suffer the way you did. If you feel mediation is the process youd prefer to take up you can find information on how to find and choose a mediator by visiting the Ministry of Justices website Formal and Informal Compensation, Out Of Court Settlements As a result of your report of the accident to a shop manager or thanks to your letter of complaint you may be made an informal offer in compensation. Its worth considering these offers, they are
often generous acts of goodwill and can in fact be worth more than you would receive if you went to court considering that there is a ceiling on awards which can be made in small claims court and in high court the amount awarded is at the discretion of the sitting judge. Also accepting an out of court settlement is going to be much quicker and less stressful than gathering and presenting evidence. Bear in mind that you dont have to settle straight away if you put your claim or complaint in immediately after the accident. Those three years that you have after an accident to lodge a case in court could give you some breathing space while you consider the offer thats in front of you. Even if the settlement offer is smaller than you had anticipated youll get the money more quickly than you would going to court which could be of more help in the short term.
How Much Have Other People Been Awarded For Injuries Like Yours?
Kemp and Kemps book Quantum of Damages can be found in many libraries, and is a reference guide to the amount of money you can expect for particular injuries based on recent awards made by courts. Quantum of Damages tries to be as comprehensive as possible listing all the most recent awards for injuries, disablements and amputations in as many permutations as possible, for example; an 18 year old semi-professional footballer might expect a different level of compensation for the loss of a leg than some-one in late middle age who had no professional interest in sports. As well as limbs, the book contains data on awards for brain injuries, internal organs, lost or damaged teeth and muscular and ligament damage. The list below gives a general idea of awards which could be expected but again, because so much depends on circumstances it should be seen only as a very rough guide.
Compensation Calculator
Burns and skin injuries: 1,000 to 15,000. Scars: 500 from barely noticeable to 75,000 for disfigurement. Back: 500 to 100,000 (although a back injury which has a permanent affect on overall ability will attract at least 15,000. Shoulder injuries: 1,500 to 5,000 for injuries which heal in a few weeks, going up to 15,000 for long term or permanent problems. Arms: A break which heals without any problems might attract 5,000. A permanent injury to an arm might receive 35,000. Loss or loss of use of an arm may see 75,000 while loss of use or loss of both arms might mean an award of 175,000 Legs: Attract a similar amount of compensation for similar circumstances as arms. Except: Knees: short term injuries will see 500 to 5,000, lesser injuries which take a long time to heal, 10,000, major knee injuries with long term but complete recovery: 15,000. Major knee injuries requiring surgery which leave permanent or recurring pain or symptoms: 30-50,000. Again, ankles attract similar compensations for similar severity of injury
Wrists: a broken wrist which recovers fully may garner compensation of around 5,000, permanent symptoms, 20,000 and the complete loss of use of a wrist 30,000 Paralysis: Partial paralysis can win awards of 100,000 to 250,000 depending on the age of the victim and the severity of the paralysis. Check compensation calculator to get an idea on how much compensation you could get from your claim.
Advising the defending party of your intention to take them to court isnt the start of proceedings and you should allow a reasonable period for them to investigate their response which should be in writing to which you should acknowledge receipt of. There response could include a number of options, they may wish to apologise and settle without going to court, they may wish to embark in negotiations or mediation or the may indeed be happy to have the case heard in open court. Your stance here is important as it may be the final contact you have with them before the case goes to court.
14 to 30 days is the general rule where reasonable periods in which to receive a response are concerned, however, if your case is unusually complex, requiring expert witnesses and specialist advice although waiting more than 90 days is only considered reasonable in truly exceptional cases. Once youve seen their reply, as mentioned above, court proceedings are just one of a number of options and it should only really be considered in a case of last resort after all the other choices have been exhausted. Court proceedings shouldnt be entered into while other avenues are being explored and they will sometimes ask to see evidence that some sort of alternative dispute resolution has been attempted before the case appeared in front of them. It should also be borne in mind that a settlement can be reached at any time even after legal proceedings have commenced right up to the trial and any final hearings.
Yet, if all of these recourses are exhausted then its going to be necessary to go to court. If you never receive a satisfactory response to your letters or the person you believe is to blame for your loss and/or injuries refuses to come to an agreement then the next step is a legal case.
An admission form where they can accept that they owe the money An acknowledgment of service to confirm that they have received the documents.
In all instances they will have to fill in the acknowledgment of service as well as one or other of the two preceding forms. If these forms are not returned promptly or ignored all together then a court order can be taken out against them in which case the money demanded will have to be paid even if your case wouldnt have won had it gone to court. No win no fee sounds too good to be true, is there a catch? You should be able to discuss the precise circumstances of your case with your solicitor. Some things which fall outside of the scope of your lawyers responsibility would include what is known as disbursements. These would include expenses such as medical reports, assessments by motor mechanics and the like. Otherwise the name says it all, if you dont win you dont have to pay a fee (aside from those disbursements). If your case does fail the court will more often than not say that you will need to pay the costs to the other side, however, as part of your no win no fee agreement your legal team should have set up an insurance scheme whereby disbursements and fees are covered and the other sides fees are also insured against in case you do loose the case.
However, prognoses are fluid and if youre taking longer than originally expected to recover regular visits to your GP or specialist will explain how and why your injuries are taking longer than originally expected to mend. As well as questioning your doctor, you should expect to be questioned yourself as you are just as responsible for your recovery as they are. Did you follow all of your doctors advice and complete courses of medication, follow exercise regimen, avoid sitting and standing for long periods as advised? If your doctor gives you advice which you refuse to take that decision will count against you when brining a personal injury claim.
Independent Examinations
Its quite possible that you might be asked to attend an independent medical examination too, this will help determine if there is an ongoing physical injury which caused you ongoing pain long after the accident. You could also be asked to prove how much suffering you have experienced, here it is up to you to make your case. Provide all the documentation, records and photos that you have compiled, explain in which way your life has been impacted following from the accident thanks to the pain you experienced. If youve been left with a permanent limp or stoop, if youre now unable to play sports that you used to enjoy, if youre no longer able to take care of children or grandchildren thanks to difficulties bending or lifting, if you used to be a keen angler or jogger but youve had to give that up you should mention all of them as well as any employment or career prospects you stand the possibility of losing out on thanks to your lack of mobility. Your lawyers will have already presented all of this information but it is likely that the court will want to hear about it in your own words. Rather than being nervous or shy about speaking, you should welcome this as your opportunity to express exactly how much you have been affected and how much your life has lost as a result of someone else inattention.
Loss of Earnings
Your injuries probably resulted in you having to take time off of work, your boss is only going to pay for you not to be there for so long and statutory sick pay is unlikely to be a patch on your actual salary. Because youre losing money being ill you will most likely experience yet more stress, you may worry about heat, light and water bills which you might not be able to cover, your rent or mortgage, fuel, car and home insurance, school fees, even expenses relating to getting to and home from hospital appointments. Then of course there are damages to be paid for, be that scrapped cars, torn or ruined clothing, or indeed anything else that you lost due to the accident.
Past Earnings
Past earnings relates to the wages that were lost due to a short term absence from work due to an injury. This is probably one of the simplest claims to asses as it simply relies on working out, based on your salary, how much you would have earned had you not had to take the time off of work. The loss of earnings compensation may be complete if the injured party received no income whatever during their period of incapacity, if, for example they are self employed or freelance, if they received statutory sick pay then the difference between that and the salary they would
normally have expected to receive would be more appropriate. If overtime was available this might also be factored in if the claimant can prove that they were reasonably likely to have performed this additional work.
Future Earnings
Compensation for future earnings is a more serious and in-depth matter than simply reimbursing someone for the wages they lost. Future earnings assess how much you were likely to have earned had you not been in an accident, the victim of negligence, a botched operation et cetera. There can be nuances in the way that this is worked out: If youre completely unable to work and/or need constant care thats one thing, if you can work but at nowhere near the same level as you once enjoyed thats another and if you had to change careers and take a lower paying job thats another again. Of course working out the amount of compensation youre entitled to in these cases is going to be based upon projections and estimates, further compensation, such as pain and suffering, distress, criminal or employer liability are all separate and will be worked out by deciding on the merits of each individual case. The whole area is naturally incredibly difficult to quantify and so legal representation is a pre-requisite. Cases such as these are perfect for no win no fee compensation lawyers because you get the compensation youre entitled to at no risk to your own funds which would be far better spent on your own immediate care needs. Unless criminal negligence or indeed your injuries were the direct consequence of a crime is involved in your case applying for Legal Aid might be impossible. Without no win no fee solicitors and lawyers your access to justice as well as your chances of reimbursement and compensation would be seriously curtailed.