Your compensation claim explained
Quite a lot of people are aware that where they have been injured through no fault of their own they could be entitled to compensation. As such, they seek to instruct a lawyer to act on their behalf. What most people are not sure about is how claiming for compensation works. Here is a quick guide to the claiming process for most general accidents, such as accidents at work or accidents in the street.
The very first step is getting in touch with your injury lawyer and providing them with as much detail as possible about your accident. So, if you tripped over a piece of defective paving whilst you were out shopping, your injury lawyer will need to know the precise location of the defect. For example, it could be outside the entrance of a shop, or if it was outside a house, the number of the house and name of the road would be useful. Of course, taking pictures of the defect and the accident location is also particularly helpful.
Once we have all your details, the details of the accident, and we know who we are to pursue your claim against, we then compile what is called the Letter of Claim. This gets sent to the negligent third party and outlines what has happened and why we believe they should compensate you for your injuries. By law they are entitled to a period of 21 days in which to respond to this letter and acknowledge receipt.
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At The Injury Lawyers we hear from our clients on a daily basis what a debilitating condition whiplash can be. This is why we treat it with the utmost seriousness and fight tooth and nail to maximise our client’s compensation.
Causes
Whiplash is caused by a sudden jolt to the head, causing the neck to move beyond its normal range. This in turn causes nerves, muscles and tendons in the neck to be damaged. This damage causes the symptoms of whiplash that I will discuss in the following blog.
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What is a referral fee?
This is a sum of money that a lawyer may pay an insurer in order to obtain the details of a person who has been involved in an accident, and could likely make a claim for compensation. Once they have the victims’ details they may cold call them or bombard them with intrusive text messages informing them that they could make a claim for compensation and that this lawyer could represent them. By paying the referral fee the lawyer has the first chance to convince the victim to instruct them to deal with their claim. Paying a referral fee is therefore a way of obtaining business.
Have referral fees always been around and how much are they?
It is estimated that referral fees have been around for approximately 20 years. Typically a referral fee will be in the region of £200 to £1,000 and the value ultimately turns on how much the claim is likely to be worth. For example, if the injured party’s injuries are particularly severe and long lasting, their claim will be worth a lot more than someone who has suffered a 2 month minor whiplash claim. As such, the referral fee for the more severe injury may be greater than the whiplash injury because it will ultimately net a lawyer more money in the long run through carrying out more work.
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Guide to Compensation Claiming
Many people may think that claiming for compensation is complex, complicated, and full of hassle. Well, I am writing this blog to explain that it doesn’t have to be that way, and that claiming for personal injury is very procedural and systematic – so, whether you are perusing a claim against a global corporation or against an individual, the system is the same.
The system I am about to describe is that which most personal injury claims run through, except for road traffic accidents that took place after 30th April 2010 and are below a value of £10,000. If your claim is the exception then feel free to have a look at some of our other helpful blogs which will explain that process.
The first stage of beginning a claim for compensation is your solicitor sending out a Letter of Claim. This is the first correspondence a Defendant will receive on the matter and it aims to set out all the accident circumstances, your injuries, and the reasons for their negligence.
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Personal Injury? Who Are You Going to Call?
OK – so you have had an accident through no fault of your own, and you believe you may be entitled to compensation for your injuries and any suffering you have had to endure. Who do you speak to for advice, and who do you instruct for your claim?
In all honesty, it’s entirely up to you! I of course will suggest that you speak to us as we are a firm of specialist personal injury lawyers. We are an actual law firm, so we do not pass details over to anyone else to have your claim – it’s us that advise you, and it’s us that represent you.
But aside from my attempts to sway you over to our service, here is a quick guide as to what you should look out for when it comes to getting the right advice and getting the right lawyer for your claim:
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What is Personal Protective Equipment?
Personal Protective Equipment, or PPE as it is more informally known, is equipment which can be used or worn to protect you from risks to your health and safety. There is a wide range of PPE which is available depending on the job that you do, and the risks that are involved. PPE can range from safety boots, to safety goggles, to respirators. PPE can be so important, as it does not just protect from those one-off accidents, but also those medical conditions which form over a period of time – known as industrial diseases. An example of an industrial disease is Vibration White Finger – the risk of getting this condition can be reduced through the use of PPE, such as anti-vibration gloves. In severe cases of Vibration White Finger, a sufferer can lose all feeling in their fingers and through to their hands.
What are your employer’s duties?
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If you are reading this blog it is most likely because you have suffered a whiplash injury, and you want to know how much compensation you could be due. This comes as no surprise to us at The Injury Lawyers because it is a question we get asked every day. Unfortunately, there is no straightforward answer – but as experts in our field we can provide an estimate as to the value of your claim.
According to the Judicial Studies Board (JSB) Guidelines the following values for your whiplash injury apply:
Minor whiplash injuries = £875 to £5,150.00
Moderate whiplash injuries = £5,150 to £16,400
Severe whiplash injuries = £16,400 to £97.000
Here are a few further things to consider:
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Motorcycle accidents are unfortunately becoming more and more common. This is maybe due to the fact that motorcyclists are the more vulnerable road users in comparison to say cars users. Motorcycles do not have the same obvious in built protection such as that of welded metal and crumple zones which cars offer, and so once an accident occurs there are often more serious injuries involved. This is one of the reasons why for victims of motorcycle accidents choosing a specialist personal injury lawyer with a wealth of experience can make all the difference.
Being seriously injured means that your case is likely to be more complex and may last longer. In this instance it is especially advisable to avoid using referral agencies for your claim. Referral agencies simply sell on your claim onto a law firm giving them a drop in their profits to begin with, which can mean that you get a poorer service and possibly a claim that drags on longer than it needs to.
If you have been in an accident as described above, you may be looking for a law firm to instruct on your claim. I have therefore set out some of the benefits which you should look for in a firm below:
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Hand Arm Vibration Syndrome (HAVS), or Vibration White Finger as it can also be known, is a condition which affects many peoples’ lives. The Health and Safety Executive report that the number of new cases of Vibration White Finger (VWF) assessed for Industrial Injuries Disability Benefit was 850 in 2008/09 alone.
HAVS affects those people whose work exposes them to vibrations on a prolonged basis. To give an idea of those sectors of industry which are hit worst by this condition, the HSE have undertaken a survey. In this survey they found that between 2007 and 2009 it was in industry involving extraction for energy and water supply that assessments for HAVS was by far the highest, with the construction industry coming in second, and the manufacturing industry in third.
It can be seen from this that it is mainly manual workers that are more likely to suffer from the condition. This is because it is the use of vibrating machinery such as chain saws or pneumatic drills which can cause the problem. The prolonged period of vibrations to the hands causes damage to blood vessels, nerves and joints which can cause the following symptoms:
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Do I Have a Claim for Compensation?
Well – me personally, I do. But what I’m talking about here is the common question accident victims ask me when they are looking for advice as to whether they are entitled to make a claim for compensation.
The best way to find out if you have a potentially winning claim is to speak with an expert at a specialist personal injury law firm. The guide below will hopefully help you out on your quest to find out if you are entitled to receive what could be thousands of pounds in compensation for any injuries you have sustained in an accident.
Who’s at Fault?
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