Compensation Claims

If you’ve been unlucky enough to be involved in an accident which was your own fault then, as nobody in particular is to blame, the most you can do is move on and hope to learn from your mishap. If the accident took place as a result of another party’s negligence, however, then the stress, trauma and injury can be accompanied by feelings of anger and unfairness. You’ve suffered through no fault of your own, and the very least you can expect is some compensation to restore your sense of justice and help you get your life back on track.

Factors which can affect you when putting together a compensation claim include:

• Stress and anxiety
• Reduced employment prospects
• Physical injury
• Medical bills

While you’re attempting to recover from the stress and trauma of an accident, the last thing you need is to be worrying about any of these things, and it should therefore be up to the responsible party to compensate you to a degree that takes the stress and worry out of your hands. Personal injury lawyers usually deal with any and every type of accident, with most slotting into one of the following categories:

• Accidents at work
• Road traffic accidents
• Medical negligence
• Criminal injury
• Slips, trips and falls

Am I able to make a no win no fee compensation claim?

Making a no win no fee compensation claim is one of the most common routes for UK personal injury victims. They are completely risk-free, relatively easy to understand, easy on the cheque book and popular among legal solicitors. Have you been thinking about making a no win no fee compensation claim too?

Before you get started, it’s important to know exactly what you are getting yourself into. Below, you will discover what a no win no fee compensation claim means for you, whether or not you can make that type of claim, and how you can take the first steps towards your claim.

No win no fee compensation claims are for personal injury victims. That is, people who were injured physically, emotionally or mentally as a result of negligence. Does that sound like you? You may want to consider this type of claim.

No win no fee means that if you win your claim, you receive compensation for your injuries. It also means that if you lose your claim, you are not responsible for paying your solicitors fees, or the other side’s fees. In other words, there is no financial risk in attempting to claim compensation for your personal injury.

First, you must be able to prove that the injury was the fault of someone else. Who is responsible for your injury? Second, you must be able to prove that you experienced pain and suffering as a result of the injury. What doctor did you see after you were hurt? Providing this evidence should be quite simple for most victims.

Getting started with a no win no fee compensation claim is as simple as finding an injury solicitor willing to accept your claim on that basis. If you have proof of injury and liability, finding a solicitor should be no problem at all. There are many qualified personal injury law professionals working on a no win no fee basis.

Once you have selected the solicitor that is right for you, he or she will guide you through the rest of the claim process. You’re already well on your way to receiving both compensation and peace of mind!

Will I receive 100% of my compensation?

In some cases, you will be able to keep all of the compensation you are awarded. However, with the introduction in April 2013 of the Legal Aid, Sentencing and Punishment of Offenders Act, injury solicitors are no longer allowed to claim their success fee from the losing side. This fee now has to be paid out of any compensation awarded, up to a maximum of 25%. If your claim is unsuccessful, you will not have to pay any fees to your lawyer.

How is my compensation payout calculated?

The amount of compensation you could receive from your claim depends on a variety of factors. There are no black and white figures to correspond with specific injuries. Every car accident personal injury victim will not receive the same amount of compensation.

To uncover an estimated amount of potential compensation, you can study the factors that go into the decision. Evaluate your situation against the factors and roughly calculate how much you could receive from your compensation claim.

Here are the three biggest factors that go into deciding how much compensation you could receive.

1. Severity

The severity of your injury plays an important role in your compensation claim. The location of your injury and the seriousness of it can be a deciding factor. This is one of the most obvious variables, but also one of the most difficult to account for.

Was your injury life-threatening? How common is the injury? Is the injury located close to your heart or head? Did you have to undergo surgery? Did you end up in the hospital overnight? Did the doctors place you on a 24 hour watch?

The answers to the questions above will help you evaluate how severe your injury is.

2. Duration

The duration of your injury and suffering also plays a role in determining how much compensation you could receive. How long you endured physical, emotional or mental suffering is important. How long you were unable to support yourself physically, emotionally, mentally or financially can make a big difference.

How long will you be off work? How much will you lose in wages as a result? How long will you suffer overall? How long does the average person suffer for similar injuries? Is there a chance that the pain or suffering could be prolonged or permanent?

The answers to the questions above will help you explore the duration of your injury even further.

3. Evidence

Just as with any other legal claim, evidence is key. Without evidence that you did in fact endure pain and suffering, you do not have a personal injury case. Without evidence that the injury is the fault of someone’s negligence or wilful harm, you do not have a personal injury case.

Who is responsible for your injury? Who can attest to that liability? What is the extent of your injury? Who can attest to the fact that you are enduring pain and suffering?

What evidence do I need to make a compensation claim?

Making any type of legal claim requires an adequate amount of evidence. Without evidence to support your claim, you will not receive compensation. In fact, it would be difficult to find an injury solicitor willing to represent you without solid evidence. So, what type of evidence do you need to make a claim?

There are two main types of evidence required: medical evidence and liability evidence. Read more about these two types of evidence and how you should go about obtaining them below. Before you consider a compensation claim, understand the evidence you will need to present.

1. Medical Evidence

What is your injury exactly? What parts of your body does it affect? Is your injury physical, mental or emotional? How much pain and suffering is involved? How long will you experience the pain and suffering? How common is the injury? Have you ever experienced the injury before?

These are the type of questions your medical evidence should answer. One of the best types of medical evidence is a written statement from your doctor, your surgeon or another medical professional. The statement should fully describe your injury, pain and suffering. Ask the doctor to describe as many details as possible about how the injury may have occurred, how the injury is now and how it will heal in the future.

2. Liability Evidence

Where were you when you were injured? Who owns the property where your injury occurred? Were you being paid by your employer at the time of the injury? Was there intent or motive for harming you? Who do you believe is responsible for your injury? Could your injury have been prevented? Has anyone else been injured in that environment before?

These are the type of questions your liability evidence should answer. Liability evidence establishes that the injury was not your fault. Instead, it was the result of someone else’s negligence or intentional harm. In some cases, like in the event of a car accident, this evidence is provided to you by an officer of the law. In other cases, it is up to you to provide your own evidence. If you are having trouble with this, your injury solicitor may be willing to help solidify your liability evidence.

Remember, evidence is an important part of any compensation claim. If you want to be compensated for your injury, you’re going to have to at least provide some medical and liability evidence.

How long does it take to claim compensation?

The length of time it takes to claim compensation varies greatly. For example, in a road traffic accident where the other side accepts liability and the compensation amount is agreed quickly without going to court, your claim could be settled within months.

However, for some medical negligence claims, it can take years for compensation to be paid as these cases can be complex and require various medical experts to provide their opinion.

How do I find out if I am entitled to claim?

In order for a claim to be successful your solicitor will seek to demonstrate that the accident in question caused actual trauma and suffering in either the short or long term, and that it was clearly the fault of someone else. If you feel this may be the case where you’re concerned, then call free on 0800 234 6438 and explain your circumstances to a trained legal adviser. If they honestly feel that you have a firm basis for a claim, they’ll pass you on to an expert personal injury lawyer. Working on a No Win No Fee basis they will build a case on your behalf. This means that you don’t have to pay a fortune up front, and that all the expert help and advice is given totally free of charge.