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At The Injury Lawyers, we strive to get our clients the maximum compensation they deserve in the shortest time possible. We are able to do this because we are experts in our field and have the knowledge and professionalism to know how to progress your claim in the best possible way. That said, our clients can go a long way in helping us get their compensation in the fastest time possible as well.
In most personal injury claims, excluding those which arise from relatively straightforward road accidents, a Letter of Claim will be produced and sent to the opponent. This is in most cases is the first bit of correspondence between your legal representatives and the Defendant, and outlines the details of your accident, the injuries you suffered as a result of the Defendant’s negligence, and why we consider the Defendant was indeed negligent. It is therefore key that the Letter of Claim is thorough and that it provides as much detail as it possibly can. This way the Defendant should be able to get on with their investigations sooner and come back with an admission of liability.
So how can you help make the Letter of Claim as clear as possible?
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How Much Compensation Will I Receive?
One of the most common questions people ask when they make a claim is ‘how much will I receive from my claim?’ If you have been injured as the result of an accident that was not your fault, you are entitled to claim compensation. In the majority of cases, financial compensation is the only remedy available and it is only natural for claimants to want to know how much they will receive.
There are two types of compensation, or ‘damages’ as they are formally called – ‘special damages’ and ‘general damages’.
Special damages are those paid to compensate the claimant for the actual financial losses caused as the result of an accident. The aim of a personal injury claim is, as far as is reasonably possible, to put the injured person back in the position that they would have been in had the accident not have occurred.
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Injured in a road traffic accident whilst a passenger in a taxi?
Have you been involved in a road traffic accident whilst travelling as a passenger in a taxi, and as a result of this sustained injury and/or incurred losses, you are not sure of your rights, or you are contemplating submitting a claim but do not know the process?
As a passenger you are seen to be an innocent party as you are not the driver of the vehicle and you are likely not at fault. You are entitled to submit a claim for compensation up to three years from the date of the accident whether it was the taxi driver at fault or another driver involved.
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There are several ways of making compensation claims, and there are several companies you could enlist to help you. In fact, the world of compensation claiming can be made so confusing when you have no idea what to do or where to turn.
So – to help you out, read this guide on the best ways of making a claim, and what to look out for when deciding who should represent you.
At the end of the day, you’ve been injured at no fault of your own, and you are legally entitled to recover compensation for your injuries and losses (losses such as lost earnings or medical expenses).
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Yes – there is a time limit in which to make a claim for compensation. The limit your claim will fall in to depends on a number of general factors; so really, the best thing you can do is speak to an injury lawyer direct to find out when the limit runs out for your claim.
As a general rule – THE QUICKER YOU CLAIM, THE BETTER! Events will be fresh in your mind, and you can get access to private medical care to help you recover quicker with a good injury lawyer on board.
How Long Do You Have to Claim?
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At The Injury Lawyers we have never paid a referral fee for any of our client’s claims. In fact, there are no circumstances under which we would pay a referral fee for a claim. It is simply not how we operate.
A referral fee is a fee paid to a third party in return for an accident victims details where this person has been involved in an accident and likely has a potential claim for compensation. Usually a solicitor will pay an insurer or claims management company and they will give them contact details so that they can hopefully get the victim on board to make a claim, and in the long run make money from doing so.
Typically a referral fee will cost anywhere in the region of £200 to £1,000. By paying a referral fee a solicitor has demonstrated that they are wanting to act on your behalf to make money. For example, your case could be worth £10,000 to £20,000 to your solicitor who has paid £1,000. As you can see, a good profit can be made and it is in their interests to get hold of your claim at this price so that they can benefit in the future.
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What Does a No Win, No Fee Agreement Mean?
The cost of making a claim can run into thousands of pounds; but this should not put you off making a claim. Although your solicitor can give you an idea of whether your claim will be successful, it is rarely possible to be 100% certain unless you have been hit in the rear by another vehicle whilst stationary, or you were a passenger in a road collision.
Legal aid for most personal injury claims was abolished in 2000 and a different way of funding these claims was introduced – the no win, no fee agreement.
This is an agreement that means that, if your claim is not successful, you will not have to pay a penny to your solicitor for their fees. Under this agreement, if the claim is unsuccessful your solicitor will do the work for your claim without any payment from you for their fees;. The way that claims are now funded means that solicitors can charge an additional fee to the defendant – a ‘success fee’ – when they win. This extra amount is used to pay for those claims that aren’t successful. This means that there is no reason for a solicitor to charge you for their costs whether you win or lose and you should always avoid using a solicitor that will take any money out of your compensation.
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Why You Should Make a Claim for Compensation
Should I make a claim for compensation? This is a common question asked to us when we are advising people about the merits of any potential claim they think they might have. Ultimately, it’s your life, and therefore your decision – no one can take that away from you, or force you in to making a claim.
So, as the decision is entirely yours, here are a few positive reasons why making a claim for compensation is a good thing.
Compensation Payout
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At The Injury Lawyers we often come across individuals who have been involved in road traffic accidents. In the vast majority of cases they are able to provide some details for the negligent third party and we are able to progress their claim for compensation straightaway.
But, what if you have been involved in a road traffic accident whereby you have been injured through no fault of your own, but the other driver has no insurance? If the negligent third party had insurance you could claim compensation from them – but this uninsured drier may not be worth suing personally. Does this mean that you cannot make a claim for compensation?
No. That would be unjust. It would be highly inappropriate if it were the case that your having no insurance meant that you did not have to pay someone you have injured any compensation. Instead, a claim for compensation is pursued through the Motor Insurers’ Bureau, more commonly known simply as the ‘MIB’. This compensation fund was set up in 1946 to provide compensation for those drivers who had been injured at the hands of an uninsured driver. So, even where the negligent third party has no insurance, you can still be compensated for your injuries; the only difference is that the money is coming from the MIB and not the negligent driver’s insurers which it typically would.
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If you have been injured through no fault of your own, but through the negligence of a third party, it may be that you wish to be compensated for your injuries and suffering. In most caes, although you are aware that you could be entitled to compensation, you are not exactly sure as to how you go about getting this compensation payout. This blog offers a quick guide as to how to go about making a claim for compensation, and the process thereafter.
The first thing you should do is seek medical attention for your injuries. You have to look out for number one and make sure that you’re properly advised by a GP or qualified expert. At the end of the day, this will put you back on the road to recovery and ultimately lessen your pain and suffering. However, once you have seen your medical expert, you should look in to instructing an injury lawyer to pursue your potential claim for compensation.
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