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June 21, 2011

Claiming for your Losses

It is a little known fact that not only can you claim for compensation for your injuries, but that you can also claim for any financial losses you have suffered as a result of the accident. The reason for this is that compensation is meant to put you back in the position you would have been in had the accident not have taken place – therefore recouping your losses is an important part of claiming for compensation.

Your solicitor should advise you from the outset of your claim regarding your potential claims for losses so you are aware to document any ongoing losses, and retain any receipts and other evidence in support of them.

Once your losses are collated, your solicitor will then draft a document known as a Schedule of Loss which lists your losses for the other side to consider. This Schedule of Loss will not contain the compensation claimed for your injuries, as this is dealt with as a separate item; however, when your claim is settled, this may be paid in one global amount – i.e. injury compensation and your losses together.
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June 20, 2011

Whiplash Claims – How much?

Many clients upon approaching The Injury Lawyers tend to ask what their claim may be worth. This can be a difficult question to answer at the early stages of a claim, due to reasons I will discuss later in this blog. We are, however, able to give approximate figures which we feel your claim may centre around – these are approximate, as in order to accurately assess a claim, we would use a medical report:

A medical report: Once liability has been admitted on your claim, a solicitor would send you to be medically examined. This can take place at a time  and location convenient for you. After the examination, the medical professional would compile a report not only detailing your injuries and when they predict that these injuries will resolve, but also detailing the effects the accident has had on all areas of your life. This is why at The Injury Lawyers we advise our clients prior to their examination to ensure they inform the medic of all the relevant effects as fully and as accurately as possible. The medical report then provides a basis for which your claim can be valued.

JSB Guidelines: Another tool at the disposal of a specialist personal injury solicitor is that of the Judicial Studies Board Guidelines. These set whiplash injuries into bands in order to value them. I have set out these bands below:

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June 20, 2011

Car Accident Claims – How to Make a Claim!

At The Injury Lawyers, we know that road traffic accidents occur all the time.  As expert injury lawyers, we deal with road accident claims on a daily basis.  Our experience also tells us that if you have been involved in a road traffic accident and you have ended up being injured through no fault of your own, it is highly likely that you are due compensation for your injuries.  The aim of this blog is to give you a quick guide as to how to go about making a claim arising out of a road traffic accident.

A new protocol for low value personal injury claims for road accidents has made making a claim for compensation much easier, and much more streamlined.

Under previous rules, the negligent driver’s insurer were allowed a period of around 4 months in which to investigate your claim, and further to an admission of liability, it could still take a matter of months before you received your compensation.  Under the new protocol, your claim is submitted via an online portal.  The other side now only have 1 day in which to acknowledge receipt of your claim form, and then are allowed a further 15 working days in which to come back with their position on liability.  Once liability has been admitted for your accident you will be medically examined, and your injury lawyer will put together all details of any losses arising from your accident and submit these, along with your medical report, to the other side.  Once this is done, your injury lawyers will negotiate the best settlement for you.
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June 20, 2011

Whiplash Claim Calculator

There is only one true way you can calculate how much a claim for compensation:

  • With an independent specialist personal injury lawyer; and
  • An independent medical report from a fully qualified medico-legal expert

Any other way is simply guesswork, estimations, and averages. You can only be guaranteed to receive the maximum payout with the above combination.
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June 20, 2011

Road Accident Claims Guide

It seems like we hear about road accidents occurring everyday – whether it be on traffic news updates on the radio, seeing reports in the newspapers, or hearing about them on the news. It seems that the sad fact is that road traffic accidents are a constantly common occurrence.

If you have been involved in a road traffic accident that was not your fault, you may have a claim for compensation. This blog aims to illustrate the ease in which you can now bring a claim for a road traffic accident, as well as the added benefits that making a claim can bring.

How does the claims process work?
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compensation cheque
June 20, 2011

How to claim for losses in a compensation suit

If you have been injured in an accident which was not your fault, it is likely that you have a potential claim for compensation for your injuries. It is important to note that it’s not just your injuries you can receive compensation for.

If you have suffered any other form of loss directly resulting from your injuries, your injury lawyer can make a claim for these losses as well. So, what losses am I talking about? By losses, I mean things like a loss of earnings claim, care and assistance you required and had to pay for whilst you were injured, travel costs for when you attended appointments, and medication costs.  Here’s an example…
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June 17, 2011

Claiming for Compensation

When clients first approach The Injury Lawyers, there are many frequently asked questions that are asked. In light of this, I hope to answer many of these FAQ’s in the following blog.

What is a claim for compensation?

A claim for compensation is a claim for a monetary sum from the party at fault, usually through their insurers, to financially compensate you for your suffering and losses they have caused.
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June 17, 2011

Taxi Accident Claims

I read today in the Northern Echo that a man from Darlington is seeking £300,000 compensation having been almost killed after he opened the door in a moving taxi back in 2008.  It is reported that Mr James Stokoe sustained a severe brain injury after the taxi door slid shut on his head when the taxi driver braked.  As a result of the accident, Mr Stokoe had been left disabled and unable to return to his work having suffered a fracture skull, and had bleeding on the brain, and is now seeking compensation for both his injuries and losses resulting from the accident.  Mr Stokoe has suggested the taxi driver ‘failed to maintain the rear side passenger door properly, failed to appreciate the door was open and that Mr Stokoe was leaning out’.

If like Mr Stokoe you have been involved in an accident where you have been injured, and you consider that it was not your fault, and therefore believe that you may be entitled to compensation, the best course of action, having received medical attention, is to get in touch with a quality injury lawyer with plenty of experience in dealing with personal injury claims. After all, they are best placed to advise you on any potential claim.  At The Injury Lawyers, our lawyers have many years experience solely in this field of work, and deal with hundreds of personal injury claims every day.  What’s more is that we work on a genuine no win, no fee agreement, which means that our clients never get charged a penny for our services – and when they receive the compensation owed to them, they get to keep 100% of it.  Why not give us a quick call to discuss any potential claim you may have?

A few benefits of instructing The Injury Lawyers:
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June 17, 2011

Uninsured or Untraced Road Traffic Accident Claims

Being involved in a road traffic accident that was not your fault is frustrating enough – however, finding out that the negligent driver does not have insurance in place, or who flees the scene without leaving any details, can be a point of added frustration and anger to any victim of a road accident.

However, when claimants such as those described above approach The Injury Lawyers, we can offer some light at the end of the tunnel with providing the information that they still have a valid claim for personal injury. Claims such as these are run through an organisation known as The Motor Insurers Bureau, or MIB. The MIB began in 1949 and are funded by motor insurance companies. This basically means that they are funded through us paying our motor insurance premiums every year. The cost to us has been calculated at approximately £15 – £30 per policy.

If you have an uninsured or untraced claim, and the MIB agree to take on the claim, either they or your own solicitor will arrange for you to be medically examined. This forms the basis for which a valuation of your claim can be made. The MIB will not only look at paying you compensation, but may also reimburse you for any vehicle repairs you have untaken, or pay you for any future repairs which need to be carried out based on a mechanic’s estimate.
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June 17, 2011

Whiplash Claims Average Payout 2010 – 2011

If you are reading this blog, you may be one of those many people out there who has had an accident that was not their fault, and as a result, is suffering from a condition known as whiplash. When deciding whether to begin a claim for compensation, many people may firstly consider whether the possible hassle and stress of making a claim will be worth the possible benefits that they can receive at the end. In answer to this, making claims does not have to be the hassle that you might think, and compensation for whiplash is aimed to reflect the suffering that this debilitating condition can cause.

In order to discuss the subject of this blog and how we reach the average claim payouts, I will firstly discuss how a claim is valued, and then how valuations have changed coming from 2010 and going into 2011.

How is a claim valued…
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