At The Injury Lawyers, we provide free legal advice to numerous people every day, whether they be existing clients, or potential new clients wanting more information about the services we offer.  A lot of the time such people ask very similar questions.  One of the most common is whether they have a claim or not; and an equally common question is how much their claim is worth.  In respect of the latter question there is often some difficulty placing a precise value on their claim at the early stages.  This is because there are several factors which need to be taken into account when calculating the value of the claim, and because at the start of your claim, without medical evidence, we do not know how your injuries will be in a few months time.  This blog intends to set out how can we try and help you value your claim.

If anyone tells you they know exactly how much your claim is worth at the outset, that is simply not possible.  This is because your injuries can only be properly valued when your injury lawyers are in receipt of your medical report.  This will outline the nature of your injuries, whether they directly relate to your accident, and how long the medical expert believes they will persist.  From this, your expert injury lawyer can begin to properly value you your claim.  Without it, it is guess work based on other cases that they have experienced that have similar attributes to your own.

There are several considerations when valuing your claim other than the nature of your injuries and their seriousness.  If you have had a lot of time off work, or you have suffered a substantial loss of amenity, such factors like these add up to make your claim more valuable.  Your injury lawyer can try and recover these related losses and this adds value to your claim.  So, for example, a person with a six month back injury who has had six months off work and was not able to go to the gym during these six months, would have a claim that could potentially be worth more than the person who’s back injury lasted 2 months when and had minimal time off work.  The value of your claim really does depend on your circumstances, and it is not often easy to predict from the offset.
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If you have been involved in a road traffic accident which was not your fault, and as a result you have sustained injuries and loss, in all likelihood you could be due compensation.  For example, if you were stationary at a roundabout and someone has driven into the back of your vehicle, and you have suffered a whiplash injury as a result, you are entitled to be compensated for the whiplash injury. 

Similarly, if you have been correctly proceeding down your side of the road and another driver negligently pulls into your lane and collides head on with you, you could be compensated for any injuries you have sustained in the accident.  The best thing to do, once you have been able to attend a hospital or your GP, is to contact a specialist personal injury lawyer with experience in dealing with road traffic accident claims – they can advise you as to whether you have a potential claim and will be able to provide quality representation.  In the meantime, here is a quick guide as to how the compensation process works.

On the 30^th April 2010 a new protocol was introduced to deal solely with road traffic accidents between particular values.  The majority of road traffic accidents will be dealt with under this process and it must be said that this new process is much, much quicker than its predecessor. 
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The Injury Lawyers Accident Helpline is available almost round the clock for free legal advice on a no obligation basis.

We are on hand to provide specialist help for victims who have been injured in an accident and are now looking to make a claim for compensation for their injuries…
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OK – so you have had an accident at work, and you think you may have a claim for compensation; now, you may want to know what sort of payout you could be expected to receive.

Firstly, just for the avoidance of confusion, let us address whether you have a potential claim for compensation. A basic criteria to check through is as follows:

1. The accident was not entirely your own fault.
2. The cause of the accident was in some way attributable to your employers / or was caused by a colleague.
3. The accident was entirely preventable in some way by your employer.

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What happens after you contact us to make a claim? Most personal injury claims are dealt with under the “Pre-Action Protocols”.  The Protocols contain rules that govern how claims progress from when you instruct a firm of solicitors, until it is settled, or goes to court.  They are designed to speed up the process of settling straightforward claims as quickly and cheaply as possible and to avoid claims going to court wherever possible.

Once we have advised you that there is a good chance your claim will be successful, we send a “letter of claim” to the party that we believe were responsible for causing your injuries.  This letter sets out the circumstances of the accident, what the other party did wrong, or should have done right, and confirms the details of your injuries.  The letter also confirms that we are dealing with your case on our Genuine No Win No Fee basis.

Under the Protocol for personal injury claims, the defendant (company / person at fault) must acknowledge our letter of claim within 21 days, and they have a further three months to investigate the claim. In the majority of cases the details of your claim will be passed to the defendants insurance company that provided insurance cover to the party who caused your injury.  They will take over responsibility for paying any compensation due to you.  At The Injury Lawyers, we always seek to persuade the defendant to deal with your claim as quickly as possible.
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The BBC have recently reported on comments from the Former Justice secretary, Jack Straw, about the referral fee system in Britain.

It is believed that the increasing cost of insurance is as a result of referrals made to personal injury lawyers without the permission of the client.  Recommendations had been made last year to implement the banning of referral fees, and there is now a further request to follow this through.

Once a referral is made, clients are often hounded by interested parties to put in a claim for compensation after an accident – even when the client has said they do not wish to proceed.  This can be very distressing and frustrating for the client.
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Some people feel that it is too much hassle to claim compensation when they have been involved in a car accident; especially when at the time they feel okay, but just a little shaken.

The most common injury sustained is whiplash as a result of a car accident, and the symptoms of whiplash may not be evident until a few days after the incident – at which time you may feel it is too late or not worth bothering about.  These delayed symptoms could have a severe effect on your future lifestyle, short or long term.

Although a medical report is required, the appointment is usually no longer than 15 – 30 minutes, during which time the expert will discuss the accident with you and explore the pain and suffering that you are experiencing.  On receipt of his report, your injury lawyer will value your claim and liaise with the third party insurer.
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Had an accident at work, and wondering what to do? As well as being in pain, and perhaps being a little annoyed that you’ve ended up injured in the line of duty, you’re probably wondering why the accident has happened, and whether something should be done about it.

Well, read on for some quality advice as to where you stand legally, and what you should be doing after you have been involved in an accident at work.

Where Do You Stand?
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If, in the eyes of the law, the road traffic accident you have been involved in which has led to your injuries is relatively minor and straightforward, claiming for compensation is a very straightforward process.  As of the 30^th April 2010 a new protocol was introduced for these sorts of road traffic accident claims which means that in a matter of weeks or a couple of months your compensation claim could be settled.

Nowadays making a claim for compensation for a road traffic accident involves submitting a simple form over the internet, waiting a day for the other side to acknowledge it, then giving them 15 days to investigate your accident. Once liability is admitted, getting a medical report compiled and settling your claim on the best terms is just as quick with the right lawyer on board for the claim. Your compensation could genuinely be sorted in a matter of weeks.

The first stage of your claim is to instruct a quality injury lawyer who specialises in road traffic accident claims.  They should know what they are doing and be able to get the ball rolling on your claim straightaway.
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If you are ever unfortunate enough to be involved in a road traffic accident, you will find that your phone never stops ringing with calls from interested parties offering their services to assist you with your claim. In addition to this, you will probably also receive a call from the third party’s insurer with a proposal for you to accept an offer directly from them.

At the time, this may appear to be a good idea: a quick settlement with no medical involved, and without the hassle of seeking out a reputable injury lawyer to do this for you.

However, there is a downside to this early settlement.  The insurance companies can make you an early offer of compensation without identifying the extent or the seriousness of your injuries, and without explaining to you the full meaning of ‘full and final settlement’.  Once paid out, if your injuries persist and you have further treatment and losses (including loss of earnings), there is no way to reopen the claim and you will be responsible to pay for these bills.
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