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Advice On Accident Compensation

December 2 2011

Advice On Accident Compensation

The Compensation Solicitors is a network of specialist no win no fee accident compensation solicitors operating nationwide throughout the United Kingdom who offer free accident compensation advice. Our lawyers are all members of the Law Society panel of personal injury experts¹. We deal with claims using a risk-free no win no fee scheme and pay compensation in full with no deductions². You will not be asked to pay for any medical reports, court fees, insurance or any other legal expenses as the case proceeds. Win or lose there is no charge to you whatsoever.

When a person is injured through an accident that was the fault of someone else English law entitles that person to claim for compensation for personal injury and loss. It is usually necessary to prove that the accident was caused by the negligence of the other person who must be shown to have acted in a way that was unreasonable in regard to consideration for the safety of others. In order to be awarded compensation, it must also be proved that the injury sustained was as a direct result of the accident and that the other losses were a reasonably foreseeable consequence of the accident.

If negligence can be proved then damages that can be claimed are generally divided into two categories which are: 

  1. Special damages. This category covers items which can generally be calculated accurately and includes all reasonable expenses caused by the accident. Claimants can recover any loss of earnings if the accident caused the claimant to have a period of absence from work. If the injury has caused permanent damage that prevents the person from working or necessitates employment in a lesser paid job, anticipated future loss of earnings can also be claimed. All other expenses including private medical treatments and travel can also be claimed under this head of damages.
  2. General damages. This category represents compensation for claimed items that are difficult to calculate accurately because they must be assessed. Typically general damages include the pain and suffering caused by the accident, any change of lifestyle necessitated by the injury and reduced employment prospects on the open labour market in the future. Assessment of pain and suffering is one of the most difficult tasks facing Judges who rely on guidance from previously decided cases outlined in the court records and on a publication from 'The Judicial Studies Board' which sets out the ranges of compensation awards made in recent claims together with general guidance for each type of injury. In the event of an award being made in court that is not satisfactory then an appeal can be made to a higher court.

One of the more pleasing aspects of taking action for compensation for personal injury is the knowledge that as well as recovering damages, personal injury claims also put pressure on individuals and organisations to improve their safety standards. Businesses that fail to improve their safety standards are punished financially by ever-increasing insurance premiums in the same way that a reckless car driver loses his no claims bonus and has a higher annual premium.

Our solicitors are able to give accident compensation advice on a wide range of claims from simple fractures through to brain and spine injury and fatal accidents. If a family have lost a loved one, they can not only make a claim for the pain and suffering of the deceased but they can also claim as dependents for the loss of financial support. Who actually is a 'dependent' is defined by statute and if they can prove that they have suffered a financial loss or that the material quality of their lifestyle has been adversely altered, then they have the grounds for a claim. The loss of a loved one is heartbreaking and the emotional pain suffered by the victim’s family cannot be quantified however claims assessors can build cases based on emotional suffering, as well as financial loss.

If you have been injured in an accident within the last three years that wasn’t your fault you should contact us. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of an accident.

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