If you have been injured in a road traffic accident through no fault of your own, it is likely that you will be entitled to compensation from the negligent third party’s insurance.  What’s more, you could receive this compensation in a matter of weeks or in just a couple of months.  This blog sets out to explain how to go about making a claim for compensation for an injury arising out of a road traffic accident, and to dispel fears that obtaining this compensation could take years.

Once you have consulted a medical expert about your injuries, the best thing you can do if you consider that you should receive compensation for your injuries is to get in touch with an expert and quality injury lawyer who specialises in dealing with road traffic accident claims.  Such lawyers are best placed to progress your claim as they have vast experience in the field and obtain thousands of pounds in compensation for innocent victims of road traffic accidents every day.

Things to consider when instructing your injury lawyer:

• Make sure they do not charge you a penny for your claim, win or lose
• Are they able to help you obtain free private medical treatment?
• How often will they keep you updated regarding your claim?  What are their service levels like?
• Do they pay referral fees? If so, they will probably offer a limited service in order to recoup this fee
• Are they experts in the field?

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This is a common question I am asked when I am advising accident victims about their potential claim for compensation. How much does it costs to have a lawyer? Will anything be taken away from the compensation?

Well, I have some fantastic news for you – so read on!

The No Win No Fee is rather self explanatory when it comes to what happens if your claim loses. With most reputable firms, it does exactly what it says on the tin. Your lawyer will only accept your case on a No Win No Fee basis if they believe they have a good chance of winning it. We don’t take on claims that we feel we cannot win. So, we guarantee that, if it loses, we do not charge you.
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Whiplash can be an extremely debilitating condition – it can be painful and leave you unable to go to work, socialise with friends, or do the hobbies which make you happy.  At The Injury Lawyers we hear about the effects of whiplash on a daily basis from our clients. We encourage our clients to tell us the full effects of their condition and to give us updates on how their recovery is progressing on a regular basis – as all these factors are considered when placing a value on a claim.

At The Injury Lawyers we see whiplash most commonly as a result of road traffic accidents. This is because the condition is caused by a sudden jolt to the head which causes the neck to move beyond its normal range of movement. This then causes the muscles and tendons in the area to be damaged and leaves the victim with some or all of the common symptoms below:

• Pain, tenderness and / or stiffness in the neck
• Pain radiating down the shoulders and / or into the back
• Pins and needles type sensations in the arms
• Severe, recurrent headaches
• Reduced or even no mobility in the neck and affected areas

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Compensation is meant to put you back in the position you would have been in had you not ever been involved in the accident.

This means that, not only are you entitled to claim back for your injuries, but also for any financial losses you have suffered as a result of those injuries.

In order to give you an idea of what losses you can claim for, I have listed some of the more common types of losses below:
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Being involved in a road traffic accident that was not your fault can be frustrating enough; but being involved in an accident where the negligent party fled the scene or did not have any insurance is a further point of anger.

At The Injury Lawyers, we are able to offer some light at the end of the tunnel to people who have been in an accident as described above. Many clients often believe that they are not able to claim if they do not know any of the negligent driver’s details due to them fleeing the scene or not having insurance; however, we are often happy to inform them that they can still make a successful claim.

Claims such as those described above can be put through The Motor Insurers Bureau, or MIB as they are more informally known. The MIB are funded by motor insurance companies – so ultimately, they are funded by our motor insurance premiums. The MIB have calculated the cost to us to be around £15-£30 per motor insurance policy.
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Third party capture is where a third party insurer settles a person’s claim for compensation against their policyholder directly with them.  In other words, it is where an insurance company representing the person who caused a victim’s injuries gets in touch with the injured party who has no legal representative and settles their claim for compensation.  In most instances of third party capture, the injured party, the claimant, will have been involved in a road traffic accident – however, it could also occur say where the claimant has been involved in an accident at work or some other accident.

Why is this a problem?

The worry is that the injured party will not receive a settlement that is properly representative of their injuries and need for treatment.  It is likely that the insurer will under-settle your claim for compensation and not help you out sufficiently should you require any treatment for your injuries.
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Motorcycle accidents are unfortunately a common occurrence nowadays; this may be due to the vulnerable nature of the vehicle, and the fact that it is more difficult to see on the road in comparison to a car or a van.

Again, due to the size, vulnerability, and speed of the vehicle, drivers are often left with serious injuries after an accident. If you have been involved in an accident that was not your fault, you may have a claim for personal injury. If you have suffered serious injuries then it can mean that your claim is more complex and make take longer to conclude – this is why getting a specialist personal injury lawyer on board with specific experience in serious injury claims can be hugely beneficial.

As complex cases can take longer to conclude, it means that it can take longer for the victim to receive their payout. For many claimants who may be out of work as a result of the accident, and thus not receiving an income, this can mean financial hardship and an inability to meet your current financial obligations. If you were to be in this position, a good lawyer should advise you to seek interim payments. These can be applied for once liability, or fault, has been admitted on your claim, and means that you receive portions of your compensation early before the case has concluded. Statistics show that it is mainly males between the ages of 30-39 that ride motorbikes. This is a portion of the population that are likely to be coming towards the peak of their careers and are supporting young families – this emphasises the importance of interim payments and how vital they can be to an injured victim.
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How is a whiplash claim valued?

Solicitors can use a variety of resources to value a claim for whiplash. Many of these I will list below:

1. Medical report: A medical report goes further than simply assessing your injuries – it can also contain the effects the injury has had on your work, social, and domestic life, as well as your hobbies. The medical report also gives a prognosis of when you are likely to recover from your injuries. This is key to helping your lawyer value your claim accurately.
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We all know that we have to wear seat belts when travelling on the roads where they are provided. We know that we have to wear a seat belt in order to protect us and others in the car or vehicle if we were to have a road traffic accident; we also know that wearing a seat belt is a legal requirement for most people.

You may not realise however that there is another reason why you should wear a seat belt…
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At The Injury Lawyers, we have many clients who have suffered an injury whilst at work, and these injuries can stem from a whole host of hazards that they have fallen victim to in the workplace. When clients first approach, us many are very wary about claiming against their employers, and the possible repercussions that they believe can result. We always understand our clients concerns, but also make them aware that employers could get themselves into a lot of trouble were they to treat you differently due to you claiming against them. Plus, employers should have employers’ liability insurance in place to deal with these sorts of situations anyway. It’s a perfectly normal and natural process to claim from the insurance they have.

I have gone on to list below some of the possible workplace hazards and duties of employers:

Work Equipment
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