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When people call us up to see if they can make a claim for compensation for the injuries they have suffered at the hands of a negligent third party, apart from wanting to know how much their claim is worth, they generally want to know what happens.  In other words, they want to know each stage of the claim.  I have therefore compiled this quick guide to the compensation claiming process:

Step 1: Letter of Claim

In almost every claim for compensation, except for those where you have been injured in what is considered to be a low value road traffic accident, your lawyers will need to submit a Letter of Claim to the other side.  The Letter of Claim is a straightforward letter which outlines the details of your accident, your injuries, and particularises why we believe the Defendant is at fault and should compensate you for your injuries. 
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Walking over manholes and utility covers are a thing of superstition – some people do not mind walking over them, and some try to avoid them at all costs. Myself, I try to avoid walking over them not due to superstition, but also due to the many claims we get in here at The Injury Lawyers on a daily basis that involve manhole and utility covers.

If you have been injured due to a manhole or defective utility cover, and it was through no fault of your own, you may have a claim for personal injury. A couple of examples of common accidents we see here at The Injury Lawyers are as follows:
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It seems that one of the first questions clients ask us here at The Injury Lawyers is – what is my claim worth? At the very early stages of a claim, this is a difficult question to answer; however, due to our skill and experience here at The Injury Lawyers, we are often able to give a ball park figure around which we think your claim may potentially be worth.

We like to explain the claiming process fully to our clients, so I have written an in depth blog explaining compensation.

Compensation can also be called ‘damages’ and there are two heads of damages for which you can claim – these being General Damages and Special Damages.
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Road traffic accidents are commonplace nowadays – I drive a 70 mile per day round trip, to and from work, so I either hear about accidents on the radio on a daily basis, or get caught up in the inevitable backlog of traffic which comes after an unfortunate accident has occurred.

It all serves to remind me that the roads can be dangerous places, and that unfortunately, some road users do not exercise the necessary care and attention when using the roads, which leads to road traffic accidents.

If you’ve been involved in an accident which is due to the negligence of another driver, you may feel helpless and frustrated, and you may be suffering financially as a result. If this is the case, you may have the recourse of beginning a claim for personal injury. Firms such as The Injury Lawyers offer free claims assessments, so there seems to be nothing to lose by simply getting some free legal advice, and assessing your options.
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I feel that there may be many blameless victims of accidents sat out there thinking that claiming for compensation is more hassle than it is worth. I am writing this blog to hopefully change this view and inform you of the benefits of bringing a claim, as they may go farther than you might think…

Compensation

The most obvious reason why people begin claims for personal injury is for compensation for their injuries.  This compensation is meant to reflect the severity of the injury, the length of time the person has suffered, and the effects the injury has had on all areas of a person’s life.

Compensation is meant to put you back in the position you would have been in had the accident never have happened. Therefore, you are also entitled to claim back any financial losses you have suffered as a result of the accident. More common types of losses can include a loss of earnings, or the cost of medical treatment.
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There are, literally, loads of acts, rules and regulations that employers must abide by to ensure the health and safety of their staff is always maintained adequately. If your employers have good practices and procedures in place to ensure all of these are followed, there should rarely be any accidents or incidents taking place.

Your employers, for example, have a duty in the following common areas of regulation:

Traffic Routes (Floors, walkways, paths etc)

Your employer must ensure that all traffic routes and walkways are free from defects and hazards. To uphold this, there should be a regular system of inspection and maintenance in place to ensure that any defects are rectified or cordoned off, and any spillages or other material hazards are removed as quickly as possible. The simple example is that it must be someone’s job to look out for spillages on a regular basis, and make sure to cordon them off and clear them away as soon as they are spotted.  A regime should be in place to check for these – e.g. every half an hour for each area or so.
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How much compensation is my whiplash claim worth? This is a common question that many of our clients ask here at The Injury Lawyers. To answer this question with any accuracy is extremely difficult at the early stages of a claim – although we can often give ball park figures using our extensive experience in the area of whiplash claims.

Valuing your whiplash claim…

The reason why valuing a whiplash claim can be difficult at this stage is due to the fact that we have to value a claim using a medical report which is obtained after liability has been admitted on your claim. This medical report not only assesses your injury, but also details the effects it has had on all areas of your life – areas such as professional, social, and domestic life.
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If you’re reading this blog then you may have recently been involved in an accident that has caused you to have an injury which you feel might be whiplash related. Whiplash is one of those injuries which can get a bad press, and one which many people (often those who have not suffered with it) can underestimate. I feel whiplash can be underestimated for many reasons – one of the main reasons being that it’s not so plain to see as a broken bone or laceration to the skin. At The Injury Lawyers, we have the exact opposite approach – we treat whiplash with the utmost seriousness as we hear from our clients on a daily basis the debilitating effect it can have on all areas of their life.

Causes

Whiplash is caused by a sudden jolt to the head and neck areas, which in turn causes the neck to move beyond its normal range. This movement causes muscles and tendons in the neck to be damaged; thus leaving the person with symptoms that I will discuss below. At The Injury Lawyers, we tend to see whiplash most commonly as a consequence of road traffic accidents. It can however be caused by anything which causes your neck to be forced beyond its normal range.
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If you have sustained a whiplash injury through no fault of your own, but because of the negligence of a third party, it is highly likely that you will be entitled to compensation for your injury.  At The Injury Lawyers we realise that a lot of people who get in touch with us regarding making a claim for compensation want to know how much their injury is worth.  As always, we advise at the beginning of their claim for compensation it is almost impossible to put an exact figure on how much their claim is worth, as there are many factors which have to be taken into account in order to properly value your claim.  This is not to say that we cannot give you a general idea as to how much your claim is worth – We can!  According to statistics, for example, Minor Whiplash claims are worth, on average, £2,500.

But here’s the thing – this is a rough average, and normally, one person’s claim is never identical to another.  Each claim must take into account the facts of each case.  Here’s a quick guide as to what factors are considered when valuing your claim:

Pain and suffering: As a rule of thumb, generally, the longer your whiplash injury persists, and the worse it is, the more compensation you will likely be entitled to.  A moderate whiplash injury lasting one year is worth more than a moderate whiplash injury lasting nine months.
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Where you have been involved in a road traffic accident, and you have suffered an injury, if the accident was not your fault, it is highly likely that you will be due compensation for those injuries, and any losses that directly resulted from your accident.  This is because it is relatively straightforward to prove where the other side was negligent in road traffic accidents.  For example, if a third party vehicle drives into the rear of you vehicle, and you suffer whiplash, then it is quite clear that the accident was their fault and you should be due compensation.  So, what happens then if you believe you have a claim for compensation? How do you go about getting this compensation?

The first thing you should do, after seeking medical attention for your injuries, is to contact a specialist injury lawyer who has plenty of experience in dealing with road traffic accident claims.  This is because their experience should mean that they know what they are doing, and they are best positioned to advise you on your claim.  If the other side gets in touch with you and they want to settle your claim directly with you, our best advice is: do not settle it.  It is probably not in your best interests.  You should seek legal advice first to see if their offer is a good offer, or whether it should be rejected, and you should instruct someone to fight tooth and nail for your claim.

So – how long do claims take?
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