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When you are suffering from an injury as a result of an accident, it is inevitable that you will incur some losses. This can include things such as loss of earnings, medical and treatment expenses but also any items that may have been damaged because of the accident. This last one some may think is only applicable to road traffic accidents as of course cars are inevitably damaged one way or another; but items such as clothing and jewellery are always vulnerable to damage.

However, understandably, there has to be something in place to ensure these losses are not exaggerated and stay in the realm of “reasonableness“. This word is used A LOT in relation to losses and is the main guiding principle when calculating losses. So always think to yourself “Is this reasonable?” when incurring any losses – hiring a supercar rather than the courtesy car offered to you is probably not mitigating your loss (unless your car you’re temporarily replacing happens to be a supercar, because an argument for having like-for-like may be accepted).

So what does “mitigating you losses” mean? Basically, that you must try and keep your losses to a reasonable minimum.
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In short- a big difference! And one that can severely affect the service level you receive during your claim but also the final settlement!

“We have been trying to contact you regarding your accident; we now have details of how much you can claim”

The above is the classic example of correspondence from a claims handling company- it is highly unlikely that this is from a reputable solicitor’s firm. There are some major points that I will address in this blog which hopefully will show that a claims management company is NEVER the best way to go- ALWAYS seek your own solicitor to act on the case for you.
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So what does the term quantum actually mean? Quantum in law essentially means value. Every day we get asked questions along the lines of “How much compensation will I receive?” and “What’s the value of my claim?”

The first point to note is that it’s impossible to value a claim at the outset – any value given by Solicitors at this stage is an approximate – for example if your injury sounds like a general whiplash injury you may hear figures of £1,500 to £2,000 being talked about.

However, in reality, it’s impossible to properly value a claim at the outset as the value of a claim depends on the injuries sustained and the effect of the injuries on the Claimant’s life.
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Although it is never a good idea to get in a vehicle when the driver has been drinking, it does not mean that you cannot make a claim for personal injury if the trip ends in an accident – and let’s be honest, this is more likely than not.

The normal guideline is that as a passenger, you are an innocent party and cannot be at fault for the accident. This therefore entitles you to receive 100% of any compensation that is awarded.

However, getting into a vehicle knowing the driver has been drinking does have consequences for a claim for personal injury. The insurers of the driver of the vehicle will more than likely argue contributory negligence for passengers making a claim for personal injury in these types of circumstances.
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With the lovely weather we have here in the United Kingdom, it is not surprising the amount of potholes that have appeared on the roads and pavements.  As someone who commutes to and from work on a daily basis, I have experienced the far from smooth ride which often involves my car dipping down unexpectedly and rattling my very bones. However, potholes, although annoying, can be dealt with rather easily when in a car and usually do not pose an immediate risk of injury.

This is definitely not the case when you are not in the car, but on foot or a bicycle. Here at The Injury Lawyers we deal with a high volume of personal injury claims that have been caused by someone either tripping over a pothole, or alternatively, riding a bike when the front wheel gets caught and consequently results in the cyclist being thrown from the bike.

It is important to stress that these are not straightforward cases and therefore should not be approached lightly. One of the first things we require to assess is whether we are able to pursue your claim, are photographs are extremely important for this.
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Slowing down, stopping and emergency braking can be hazardous to road users, simply because of the fact that the driver behind could be following too closely or not paying enough attention to what is in front of their vehicle.

The gap between vehicles travelling in average conditions should be at least 2 seconds according to guidelines. This should be enough time for the driver behind to see the brake lights and begin to slow and stop themselves.

The amount of road accident claims that we receive here at The Injury Lawyers involving vehicles being hit from behind, tells us that a very significant number of drivers do NOT follow the two-second rule!
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To begin with, it may be best to consider what a whiplash injury actually is. Whiplash is an injury to the soft tissue in the neck, back and shoulders area where the tissue is stretched and strained after the body is thrown or jerked in a sudden, forceful movement. This is most common in car accidents.

The symptoms of whiplash commonly include pain in the neck, back, shoulders and arms. Other effects include dizziness, nausea and more often headaches. Although whiplash can be quite minor and resolve after a few weeks, more serious circumstances mean that you could be suffering for up to a year.
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In this blog I will attempt to explain the claims process for general personal injury claims. By general personal injury claims I mean tripping/slipping accidents (whether in a public place or in the supermarket for example), work accidents, injuries involving animals etc.

These are all accidents that come under the scope of the Pre-Action Protocol for Personal Injury Claims. Road traffic accidents do not initially come under this protocol and are processed in a different way and are subject to different time limits. Road traffic accidents come under the scope of the Road Traffic Accident Protocol.

However a case can “fall out” of the road traffic accident protocol (such as if the insurers fail to respond to the claim in time). If a road traffic accident claim falls out of the Road Traffic Accident Protocol then that claim continues under the Pre-Action Protocol for Personal Injury Claims by default.
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IMPORTANT: the advice in this blog is for general information only. Do not use this guide for confirming exactly when your limitation date is. You should speak to a qualified expert injury lawyer to confirm when the limitation to claim will expire.

When thinking about bringing a claim for personal injury the first thing on your mind may not be, “how long ago did this happen?”

However, personal injury claims in the UK are subject to strict time frames as outlined by the Limitation Act 1980. Failure to bring a claim within the time limits set out by this Act may mean that the only way around the rules is to get special permission from the courts – easier said than done!
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When your job includes driving, you can be driving anything from a car, a van, a lorry, or some form or machinery or equipment – like a forklift truck for example. If the vehicle is owned by your employer then your employer should take out insurance on the vehicle which will also cover you as the driver in the event of an accident. It’s also their responsibility to maintain the vehicle as well.

As the vehicle will be used for work and business, the insurance policy is normally different to that of everyday motorists. Vehicles owned and used by companies are normally insured under what is called a ‘fleet policy’ which will usually cover all the vehicles owned and used by the company.

Now, normally Road Traffic Accidents usually involve the collision of vehicles and therefore a claim for personal injury will be made against the at fault party’s insurer. However, not all Road Traffic Accidents do involve other vehicles and an accident can often be caused by the employer’s failure to maintain a vehicle.
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