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At The Injury Lawyers we have found that some people don’t seem to realise that if they were the innocent passenger injured in a car crash, they have one of the best prospects of a successful claim for compensation you can get. 

It doesn’t matter whether the accident was the fault of the driver who’s car you were in or whether the accident was caused by some other vehicle – you were the passenger, and unless you did something daft like pull the handbrake, grab the steering wheel or severely distract the driver to cause the accident, there is little way you can be said to have been at fault for the accident. 

More often than not liability for your accident and injuries will be admitted straightaway, and it’s just a matter of getting medical evidence and settling your claim, which doesn’t take long at all.
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If I was given just a penny for each time I was asked how much someone’s whiplash claim was worth, I would be a very rich man!  (Well, almost!).  It is one of the most common, if not the most common, questions we get asked at The Injury Lawyers.

In the vast majority of whiplash claims we deal with, the innocent victim has been involved in a straightforward accident; say someone has driven into the back of their car, or hit them head on or pulled out of a side road into them.

These are claims where it should be easy to get an admission from the Defendant because it was clearly their fault and you would have thought that the amount of compensation people get will be similar.  Thing is, whiplash is a funny old injury that affects people in different ways, so the amount of compensation can differ a lot.
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I’m sure most of you reading this have gathered we are getting hit my the inevitable; I’ve always felt that after the incredible snow storms we weathered through in 2010 that it was only a matter of time we would see the worst of the seasons weather return.

The weather is dangerous – and accidents are likely.

Friday was when the midlands (or at least where I live!) was hit by the snow, and it laid very fast. I’d say there has been a good four or five settled inches which has largely survived the weekend of trampling footsteps and flattening car wheels. But waking up this morning to news of travel chaos and problems all across Britain’s travel infrastructure as planes are grounded at Heathrow, and motorists being urged to take extra care on the roads, is far too reminiscent of that insane November in 2010.
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Have you been injured when you were a passenger in a car or on a bus?  Good news – you have one of the best chances of a successful claim for compensation. 

Passenger injury claims are one of the easiest to assess because it is highly unlikely you were to blame for the accident.  Really, unless you pull the handbrake or were severely distracting the driver at the time of the accident, you cannot be at fault for the accident.  Say you were the passenger in a car when someone drives into the back of that car, how can you be at fault?  You can therefore be compensated for any injuries you get as a result.

Here are a couple of examples of good passenger claims.  You are on a bus which is involved in a crash, the crash is not your fault, you can seek compensation from whoever was at fault, e.g. the bus driver or the third party driver.  You pop out to the shops with a friend and someone drives into the rear of your friend’s car whilst you are waiting at traffic lights and you get whiplash, you can claim compensation for this whiplash.
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You know, when you really think about it, supermarkets can actually be pretty dangerous places. Shelves stacked full of all sorts of soft foods and liquids that can easily become a slipping hazard when spilt, or the sheer number of items on sale falling off shelves becoming a tripping hazard. What about the fact that they are usually crammed full of people doing their shopping all at once – especially on a Saturday or Sunday daytime! And with their kids as well!

Accidents in supermarkets are not uncommon at all; we are used to helping people out who have been injured through no fault of their own at the local supermarket. I know there’s the initial embarrassment and the feeling like you need to quickly disappear after you slip or trip in front of so many people, but in reality, you could have a claim for compensation for any injuries you receive.

Had a Supermarket Accident? Can You Claim?
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If you are claiming for compensation and the insurers representing the other side have admitted liability (i.e. agreed to pay out for your claim), it is quite common these days to receive a pre-medical offer – or pre-med as they are commonly referred to.

What is a pre-med offer? 

It is an offer of settlement, without the evidence and sight of a medical report, put forward by the third party insurer to the legal representative of the claimant. In today’s economic climate, for some individuals this may be quite tempting to accept at the early stage of an injury claim.
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We are The Injury Lawyers – and we think our name says it all. We are THE INJURY LAWYERS, meaning we only deal with personal injury compensation claims, so we can offer you a more specialist service and a lawyer with specialist experience and skills. To narrow it down a little more, we specialise in all forms of personal injury claims; with work accident compensation claims making up a large percentage of our client base.

So, if you’ve had an accident at work, and you’re looking for a work accident compensation claim lawyer, look no further, and take note of this three part guide that will fill you in on what you need to know.

1. Your Position and Employment is Protected
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A lot of people who suffer debilitating injuries in an accident that was caused through no fault of their own end up losing earnings from time off of work. It’s one of the most common classes of financial losses that’s involved in a claim for compensation. Many people only receive statutory sick pay when they are off work for long periods of time; if you are lucky enough to have a company sick pay that pays you in full, this may not apply to you too much – but if it’s only a partial pay, then read on!

Anyone who loses out on earnings through being unable to work is entitled to make a claim for this loss that forms as part of their overall compensation claim. Your claim comes in to two parts – General Damages, and Special Damages. General Damages covers the injury itself, and Special Damages covers the financial loses, to which lost earnings are a part of.

Its normally pretty easy to work it out as well – if you have two weeks off of work and you are paid absolutely nothing, you are entitled to claim two weeks work of full earnings back. If you were paid Statutory Sick Pay, then you claim back the difference between that and the lost earnings. If you receive half pay through a company sick pay policy, than you claim back the other lost half as part of the claim.
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If you ever find yourself injured in an accident as a consequence of someone’s negligence, leaving you distressed and at harm either from a physical or psychological injury, it is only justifiable to ensure that you are well compensated as a result of this injury for your pain suffering, and loss of amenity.

With this in mind then, it is important to understand that it is not possible to seek compensation directly from an individual who caused the accident as, from a financial perspective, they would certainly struggle to compensate you properly. Therefore the preferable route would be to seek damages against their employer as chances are they will posses adequate insurance for you to claim from.

Having said this, in order for a case of vicarious liability to be successfully brought a distinction must be made between what qualifies an individual to being under a ‘contract of employment’ and under a ‘contract for services’.
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If you have been involved in a road traffic accident since April 2010 and you are thinking of making a claim for compensation for the injuries you have suffered, then good news – the whole process if now faster and more efficient. 

Prior to April 2010 you could have been waiting a few months for an admission of liability from the other side, and then a couple more months to get your compensation payout sorted.  Thankfully the whole process has been overhauled and you could have your whole claim settled in just a few weeks or a couple of months.

You are now required to submit what is known as a Claim Notification Form via the Ministry of Justice online portal.  This is straightforward – especially with the right expert injury lawyer on your side.  The form will take roughly 20 minutes to complete and your injury lawyer should go through this with you. 
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