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April 2013 – the dawn of a dark era for personal injury claiming when our wonderful government decided that people should pay to claim. They decided that the victim should suffer and have to lose some of their compensation. Why? Well, we have no idea. But the rules have changed.

To be brief, the rule change means lawyers cannot recover all of their legal fees from the other side like we used to be able to. As such, law firms are now taking a deduction of up to 25% from your payout, and they are asking for payment of insurance as well.
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We take on and win a high volume of claims for personal injury compensation. We are used to dealing with all sorts of different types of accidents and circumstances in which people are injured.

Whilst there are many ways you can be injured, the law that applies is usually the same when it comes to injuries in public places like shops, restaurants, or supermarkets; known as the Occupiers Liability Act. When it comes to defective premises claims against a landlord, the law is also similar. So too is it for incidents at work in which the applicable law is commonly The Workplace (Health, Safety and Welfare) Regulations 1992.
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Claims for compensation are split into two “heads” of damages; one is referred to as General Damages and the other Special Damages. The latter is any losses that you have suffered as a result of your claim such as loss of earnings, travel expenses, medication expenses and care and assistance.

This is calculated by your solicitor who compiles a schedule of loss to send to the defendant proving this head – this is why your representation may request wage slips and other documents to support your losses. General damages is the compensation awarded to you for the pain and suffering that has been caused by somebody else’s negligence; this is what this blog will focus on.
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Although I have never broken any bones myself, I imagine that it is not the most pleasant experience to go through and certainly not if you suffer from it because of someone else. Broken legs are one of the most common injuries especially in claims involving defective pavements and properties as when people fall, usually the legs can take a pretty nasty knock.  Broken legs may also be caused by being involved in a road traffic collision, depending on the position you were in when the collision occurred (straight legs for example) and of course the severity.

So how much can you claim for a broken leg?

Solicitors are not able to properly say at the beginning of the case the actual value of it, or what settlement figure you will receive, as it is simply too early. Settlement figures are based on the nature of your injury, how long you are suffering with it for, and the impact it has had on your life. More serious injuries are of course going to be worth more as you are suffering more and may have more losses such as extensive loss of earnings, travel expenses and care and assistance.
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One of the last things you expect is to be hit by shutters! Having dealt with these claims in the past we know it can be quite a shock to the victim and the injuries can be fairly serious as well; ranging from head injuries and neck / shoulder / back injuries similar to whiplash.

So if you are hit by a shutter, can you make a claim for personal injury compensation?

Your Rights as a Visitor

Generally speaking, if you are a member of a public at a supermarket or a shop or in another public place and you are hit by a shutter, the applicable law is the Occupiers Liability Act. This imposes a duty on people to have a responsibility to look after visitors to their premises. Being hit by a shutter can happen in a number of ways – the shutters are faulty and come down; they are not secured properly; or you are the victim of an employee’s negligence.
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Many people want to know how much they can claim for. Some people will be approached by insurers to settle their claims directly without a solicitor. They will tell you to “cut out the middleman” and settle quicker with them. They may even tell you that they will give you a little extra since they won’t be paying legal fees.

But here is a serious warning for you – DON’T BE FOOLED AND DON’T GET MUGGED!

Lawyers Get You MORE

The Law Society recently ran a campaign called “Don’t Get Mugged” which confirmed that people who claim with a solicitor can get up to 2-3 times more than if they deal direct with an insurer. So we thought we’d have a quick look at a small spread of a few recently settled cases to so how much more The Injury Lawyers can get for you.
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Looking for a law firm to help you with your claim can be a daunting process. Who do you trust? Who are the best law firm? How do you know you won’t be stung by hidden fees? Are the people you are speaking to properly qualified to provide you with advice?

We understand that making that first step towards calling our claims line can make people a little nervous. That’s why we have our online chat facility where you can chat live to a real operator for free legal advice. You’ve probably noticed the little pop up appear on your screen at the bottom right by now.
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April 2013 saw the biggest shake up of the personal injury compensation claiming world when our wonderful government decided to change years of access to justice and fairness by stopping the recovery of all legal fees from the opponent.

It isn’t fair – why should the victim have to pay to claim?

The result is that other lawyers are now taking up to 25% from your payout if you win the case. For the Success Fee, which is one of the unrecoverable fees, a lawyer can take up to a maximum of 25% from your payout to cover this. On top of that, lawyers are asking for payment of insurance as this is no longer recoverable.
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Before you instruct a law firm, you need to know about the recent legal reforms that have led to lawyers now charging clients to make a claim for compensation. The reason for this is that the government have stopped the recovery of two legal fees – a Success Fee and an After The Event insurance premium.

Lawyers can now take up to 25% of a client’s compensation to cover their Success Fee which they cannot get from the other side. On top of this they are asking for payment of insurance.
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Rupturing ligaments is serious, and normally requires surgery for repair or reconstruction followed by a significant period of physical rehabilitation. When making a claim for personal injury compensation, the more you suffer the more compensation we get for you. Compensation for ruptured ligaments and the severe amount of inconvenience that is caused is therefore taken very seriously.

How we value your claim

The way in which we value your claim is simple – we will organise an appointment with a medico-legal expert who will provide a report to us based on your medical records and your account of the suffering and inconvenience that has been caused. In the case of a ruptured ankle ligament, you will normally see an Orthopaedic expert and perhaps a Plastic Surgeon separately for any scarring. We use the report and our considerable wealth of experience in line with official guidelines to value your claim. This forms the General Damages part of your claim.
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