What Happens after a Road Traffic Accident ?
Road traffic accidents, or RTAs, cover various different types of accidents that involve vehicles on the public highways.
Collisions between cars will usually be dealt with by the drivers’ insurance companies if the crash only caused damage to property. If the accident was more serious and resulted in one or more of the people involved being injured, it will usually be necessary for a personal injury lawyer to get involved.
The most common RTA’s involve collisions between car drivers on the roads. If there are passengers in the car, van, bus or coach who also suffer injuries in a crash, they can claim compensation from the company that insured the vehicle or vehicles that caused the crash as well. This is even if they are travelling in the car of the driver who was at fault and they are closely related to the driver. This it to make sure that anyone injured in a road accident that was not their fault is fully compensated for their injuries.
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Compensation Claims – When Will I Receive My Payout?
The majority of people out there will make their claim for compensation as a form of financial recompense for having to suffer through long periods of pain and injury. It’s only fair; it’s not nice being injured, and it has an impact on your everyday life both at work and at home. You will also be able to claim back any reasonable losses, such as lost earnings, treatment fees, and travel costs.
So it comes as no surprise that the question on many of our clients’ lips is “when will I get my payout?”
The thing is, the wheels of litigation can often turn quite slowly. Investigations need to be made, evidence needs to be obtained and compiled, and negotiations must take place. Whilst the system we have in England is pretty good for making sure claims are concluded quickly, lots of things need to be done.
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At The Injury Lawyers we are experts in the field of personal injury law having dealt with thousands of personal injury claims over many years.
In particular we deal with an enormous amount of road traffic accident claims where our clients have been injured as a result of the negligence of a third party driver.
In 99 out of 100 cases the Defendant driver will be insured, so it is straightforward to make the claim for compensation as their insurer will pay your damages. Unfortunately, there are cases every so often where the Defendant was uninsured. If that’s the case, how do you get your compensation?
In most cases the actual driver will not be worth suing unless they have some financial assets in to claim from. Does that mean you are to be left uncompensated for your injuries because the other driver has no insurance? No, and here is a quick guide as to why.
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Type ‘lawyers’ into Google and you get about 266,000,000 hits. Wow! Type ‘injury lawyers’ into Google and you still come back with over 6 million hits. Although there are not 6 million law firms in the United Kingdom, there are an awful lot of injury law firms out there ready to assist with your potential claim.
In many ways this is great because it shows that you do have a good choice of lawyers as it is up to you to decide who you want to instruct to deal with your claim. However, you must be careful, not all ‘lawyers’ are actually lawyers; more often than not you will come across what are known as Claims Management Companies who will refer your claim to other solicitors.
At The Injury Lawyers we firmly believe that you should only go through real solicitors who can actually deal with your claim themselves, rather than some random company who will happily pass your details around. Here is what to look out for:
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Slip and Trip Claims for Compensation
The phrase ‘slips and trips’ is often used to describe one of the most common types of personal injury claims. These accidents can happen at work – for example, if an obstruction has been left in a corridor, liquid has been spilled on the floor, or the surface of the floor is in poor condition. Alternatively, they can also happen in public places such as in the street because of a pothole or uneven paving slab or on private premises where the public have access such as a cinema or supermarket.
It is also possible to make a claim if you have a slip or trip on private land that is not open to the general public. However, for this type of claim, you must generally have been invited as a visitor onto the land or otherwise have a good reason for being there. An easy example – as a customer in a supermarket.
In both cases, the person or organisation responsible for the land or building has a legal duty to make sure that the area is reasonably safe. Whether the owner has failed to keep the area safe will depend on the circumstances, such as the type of land or building. For example, local authorities have a duty to maintain their pavements to keep them in good condition.
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Our mission is to win the maximum amount of compensation for our clients in the shortest possible time, and assist with any medical needs required. To help this happen, we try our best to provide the highest quality service levels to our clients.
The problem is that many people who instruct a personal injury lawyer to make their claim have probably never made a claim in the past (unless you’re a little unlucky); so many people don’t quite know what to expect, or what they are entitled to. Many people will make their judgements based on what friends and family say. So, how do you know what to do when you are entering in to a process that you have never been through before?
Well, here is a little hint: check the Client Testimonials on the website of the law firm you are looking to instruct!
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Compensation Calculator – Third Party Capture
You may have probably stumbled upon this article because you simply want to know how much your claim could be worth. You may just be curious as you have now instructed your lawyers to deal with your claim, and you are pondering what your payout could be.
Or – you could be trying to gauge how much the insures of the driver at fault in the accident you were in is going to pay you directly.
Well, if you are dealing with the insurers directly – I have some VERY grave news for you.
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If your child has been involved in an accident that was not their fault and have sustained injuries as a result, just like an adult, they are able to obtain compensation for their injuries. The difference is that they will need a ‘Litigation Friend’ to conduct the case on their behalf.
As I am sure you would agree, most children under the age of 18 would not be capable of bringing a claim for compensation themselves; this is particularly true if they are just three or four years old. But this does not mean that if they have been injured they cannot be compensated. Instead, a ‘litigation Friend’ – in other words, a responsible adult with the child’s best interests at heart – can bring their claim for compensation for them.
Typically a litigation friend will be a child’s parent or guardian, but equally could be a social worker or some other trustworthy adult who has no conflict of interest with the case.
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The Injury Lawyers – 100% REAL Injury Lawyers
There are so many websites out there to browse through when it comes to deciding who you want to represent you for your claim for compensation.
The bad news is that a load of them are NOT actually lawyers; they are just Claims Management Companies and Accident Advice Services that often like to appear as if they’re lawyers to draw you in.
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Legal Aid Reforms – The Personal / Political Agenda
OK – so we’ve been covering the fantastic news that referral fees for claims, such as referrals through legal expenses insurance / motor legal protection where your insurers will ‘sell’ your details on to a third party solicitor for cash, which forms part of a government agenda to make the world of compensation claiming more efficient.
One of the other areas has been surrounding the cut of the legal aid bill and potential changes to the no win, no fee system. The gist and result of the whole idea will result in a reduction in the number of payouts, which I imagine is intended for the costs of insurance to lower; although I’d love to see the day the insurers pass on saving to the consumer!
But, back to the main topic, sadly, proposals in place involve shifting some of the costs of the no win, no fee system to the Claimant from the Defendant. We strongly oppose such a notion, as it will result in innocent accident victims having their payouts slashed to cover costs the Defendant, i.e. the person or party at fault for the injuries, will no longer have to pay the full amount.
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