If you are reading this blog, then you may be in the later stages of your whiplash claim. This means that you have had liability admitted on your claim, and you have completed your medical examination and have to hand your medical report. So, you may now be thinking about instructing your solicitor to settle your claim and considering when you will receive your compensation.

Firstly, consider the below options:

Should I settle my claim before I have made a full recovery?
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This is an age old question – it’s something I get asked a lot by our new clients. Unfortunately, it’s a little bit more difficult to answer than you might think.

However – with my advice below, you stand a chance at making sure you always get the maximum you are entitled to claim for.

How is it worked out?
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It is a sad fact that due to the increase of traffic on the roads and the increased awareness of personal injury claiming, road traffic accident claims are on the increase.  This is one of the reasons that the Ministry of Justice has brought in a new system for road accidents after 31^st April 2010 that are between a value of £1000 and £10,000.

This new system is based around a specially designed portal on the internet which allows all correspondence between both sides of a claim to be sent electronically. This means that everything is received instantaneously, cutting out the time waiting for post to drop onto a desk. 

The old system allowed defendants nearly 4 months before requiring them to give a response as to liability (fault on a case). This is in stark contrast to that of the new system which allows 15 working days for a liability response. Liability is the crucial first hurdle to a claim; having this answered early means that your claim can progress much more quickly, and it can also relieve a lot of stress from you, the claimant. I have set out a brief outline below of the processes your claim is likely to go through with this new system.
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If you have been involved in a road traffic accident that was not your fault, you may have a claim for compensation. The key phrase in this sentence is that ‘the accident was not your fault’.  Many people that have been involved in a road accident that was due to the other driver not using the necessary care and attention and was badly injured as a result, may feel the injustice of it, and also the frustration of the whole ordeal. These feelings are further amplified if the other driver either does not have insurance and / or speeds off into the distance neglecting to leave his / her details, or even to check if you are ok.

If this happens, you may think “well, how can I possibly have a claim?” – at The Injury Lawyers, we are happy to tell such claimants that they may indeed have a claim through the Motor Insurers Bureau; or MIB for short. The MIB are an organisation funded by motor insurers. The MIB have calculated that between £15 and £30 of our premiums go to funding them.  The MIB will not only consider compensation payouts for injuries, but also the cost of repairing your vehicle damages caused by the accident.

If you have been involved in such an accident where they other party is not insured, or has fled the scene, taking some actions to strengthen your claim is made all the more important. I have set out a few key actions which could be taken:
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A huge part of my job is to give free claims advice, and assess claims over the phone for anyone who has been injured in an accident through no fault of their own. It’s nice to let people know when they have a good claim, and it’s nice when the claimant instructs is there. I thoroughly enjoy it!

There, is however, another part that I do not like so much; in fact, it’s safe to say I don’t enjoy it at all. It’s never nice to hear when an accident victim calls up and they have already been taken advantage of by insurance companies, claims management companies, and solicitors willing to buy cases for extortionate referral fees.

For this article, my focus is on the insurers.
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Whiplash is one of those conditions which can get a bad press, as it is not so plain to the naked eye as a broken bone or laceration, for example. So, much of the time we are relying on the sufferers reports of the effect the injury is having on their lives and the level of pain they are in. At The Injury Lawyers, we hear day in day out of the devastating effect whiplash can have on a sufferers’ life; so we treat the condition with the utmost seriousness and respect that it deserves.

Symptoms

Whiplash is a condition which can be highly unpredictable. By this I mean that a doctor could advise that you will recover in 6 months, when one year down the line you are still in pain.  This is why it is advisable to seek the advice of a specialist injury lawyer as soon as possible. The symptoms of whiplash are wide ranging, and people can suffer from any one of the symptoms outlined below; if not all:
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I read today in the ‘Hartlepool Mail’ that Skanska Rashleigh Weatherfoil have been fined £120,000 and been forced to pay costs of £81,927 having pleaded guilty to breaches of health and safety regulations after a man was paralysed having been involved in an accident at work.  The horrific accident happened in Crawley back in January 2007 when an employee who was installing cable was working on a scissor lift when the trays supporting him collapsed: he fell 24ft.

As a result of the accident, the unfortunate man, who does not wish to be named, was unsurprisingly knocked unconscious and suffered paralysis from the waist downwards, as well as horrendous spinal injuries.  The Health and Safety Executive have since found that Skanska Rashleigh Weatherfoil failed in their duty to ensure the safety of its employees.  In particular, Skanska Rashleigh Weatherfoil admitted breaching section 2(1) and 3(1) of the Health and Safety Act 1974.

The HSE inspector who carried out the investigation had the following to say:
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If you instruct The Injury Lawyers to deal with your claim for compensation, and this claim is successful, you keep 100% of your compensation, and not a penny less.  In other words, the legal services we provide to our clients is at no cost to them. Yes, we do have our costs to consider, but these will certainly not be something for which you are accountable for. 

But, how do you know we won’t go back on our word and charge you? Well, firstly, we are an honest and reputable personal injury law firm with thousands of happy clients, and secondly we enter into an agreement, a contract if you like, with our clients that specifically excludes our ability to seek our costs from them!

Your compensation is just that. Yours! We deal with compensation claims on a daily basis, and have done so for many, many years – we are only too aware that the purpose of compensation is to put you back in the position you would have been in had the accident not have occurred.  If we were to take even a penny from your compensation for ourselves, that would serve to leave you undercompensated.  We consider this unpalatable, and our genuine no win, no fee agreements mean that you keep the whole of your compensation – guaranteed.
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Wearing a seat belt is important for all sorts of reasons – the most important being that it minimises the harm to both you and others in a vehicle if the worst happened and you were involved in a road traffic accident. By not wearing a seat belt, you are also falling foul of the law – and as a consequence you could be pulled over by the Police and suffer serious consequences.

In consideration of the above, it is rare that we have clients here at The Injury Lawyers who were not wearing a seat belt when they were involved in a road traffic accident. However, in saying this, there is always a small minority of people which may continue to flout the law and neglect to belt up.

The consequences of not wearing a seat belt can go further then what is discussed above. If you were not wearing a seat belt whilst in a vehicle involved in a road traffic accident, and you are making a personal injury claim as a result, whatever compensation you are entitled to may be reduced by up to 25% – for large compensation payouts this can add up to a lot of money lost.  The reason for this reduction is a term known in the legal world as contributory negligence – i.e. by not wearing your seatbelt, you may have increased the severity of your own injuries.
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Have I got a claim?

This is the first question that people tend to ask when they first approach The Injury Lawyers for a free claim assessment. In accidents involving buses, we are often able to advise that they have got a claim, and not only that, but that they have a good chance of succeeding with the claim. If you are on a bus and the bus crashes, it doesn’t matter whether it’s the bus or the other driver at fault: you have a claim. If fault lies with the bus driver you may be able to place your claim against the bus company who are vicariously liable for the actions of the driver (they are responsible for his actions up to point). If fault lies with the other driver, then you may place a claim against them.

Alternatively, it may be the case that the driver broke suddenly causing you to fall over or jolt your neck.  In this instance you may also have a claim against the bus company for the actions of the driver if they are negligent.

What should I do next?
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