People do get injured by the negligence of others. There is just no way around this home truth. And when it does happen what do you do? Well, that’s where personal injury solicitors come in to offer free initial legal advice on accident compensation claims. The simplest and most straightforward cases usually settle for a minimum £1,000 plus of course any legal charges which are paid by the negligent third party or their insurers. Damages following an injury compensation claim that can be awarded are in fact unlimited and depend on the severity of the injury, the recovery period and whether there are any long-term consequences. Whilst a simple claim may take less than a year to resolve, some of the more serious cases could take several years to settle with the limiting factor usually being the availability of specialist medical evidence for a final prognosis for the injuries.
In the United Kingdom most personal injury cases have a value less than £5,000 and most of these involve road traffic accidents in which the claimant has suffered whiplash injury to the neck or an injury wherein a painful strain is inflicted on the victim’s lower back. About 10% of cases dealt with by the County Court or the High Court eventually settle for more than £5,000 and these usually involve multiple bone fractures, long term disability or accidents that cause very severe injuries. If you have suffered from any type of injury in an incident at work, on the road or as a result of a trip, slip or fall most UK solicitors offer free legal advice on injury compensation claims with no further obligation.
Victims of a criminal assault or violence can either sue the perpetrator for damages in court or if the assailant is impecunious can make application to the Criminal Injuries Compensation Authority (CICA) for an award of compensation which comes out of the public purse. The benefit of a CICA application is that the criminal injury compensation claim award is guaranteed to be paid in short order.
There are several circumstances where an insurance claim for personal injury can be made. The drivers of motor vehicles are required by law to carry third party insurance when their vehicle is used on the road. Employers must have a policy in place that will cover both their employees and third-party risks in the event of any accident. Many home owners have a policy that covers visitors to their property.
Most insurance claim settlements arise as a result of incidents involving motor vehicles. A motor policy must by law cover third party risks as a legal requirement however most of these basic policies also cover fire and theft and many drivers go further and obtain a fully comprehensive policy which includes all third-party risks. Even if a driver who is involved in an accident is uninsured or untraced a claim for compensation can still be made to the Motor Insurers Bureau (MIB) which is a scheme set up by statute and funded by the insurance industry with the aim of compensating the innocent victims of untraced or uninsured drivers.
It should be noted that if an accident occurs and the driver is deemed to be negligent then a claim for the driver’s own damage to property or for compensation for personal injury to themselves cannot be made to their own insurance company if their policy only covers third party risks. If the policy of the negligent driver is fully comprehensive, then a claim can be made to their own insurer for property damage but not for compensation for personal injury for the policy holder. Claims can however be made in each case for all losses and injury for any passenger in the vehicle. If however the fault lies with another driver then an insurance claim can be made for all losses, damage and expenses that have been reasonably incurred however it should be noted that if a claim is made to the MIB following a collision with an uninsured driver or an untraced driver then there are certain limits and restrictions on what can be claimed and any MIB claim is subject to deduction of a nominal excess.
Any policy holder who is involved in a road traffic accident is required to report the incident to their insurers as soon as possible regardless of whether the policy is comprehensive or third party and regardless of whether they consider themselves to carry any of the blame for the accident. If the person involved in the accident has comprehensive insurance there is still a duty requiring uninsured losses to be claimed from the other party for and on behalf of the insurers which is usually tagged on to any claim made by the policy holder for personal injury.
To make a successful injury compensation claim it is necessary to prove that someone else’s negligence caused the injury. Negligence is simply the failure on the part of someone else to properly attend to either their duty or obligation to take care. This could mean that an owner of private or public property has failed to properly maintain which results in an accident or a car driver fails to pay attention and causes a collision, or an employer fails to adopt a safe system of work which causes injury.
Employers have a duty of care to their staff and this requires them to provide satisfactory training for the job they do and for any equipment they are likely to use. Employers who fail to do these most basic of tasks put not only you but all of your colleagues at risk. Without claiming for compensation, they are likely to not alter their negligent behaviour and this means others may suffer like you in future.
The owners of property are under a duty to properly maintain buildings and pavements that the public may use or be able to legally access. This includes highways; buildings open to the public and private homes. All property must be up to a standard that does not present a danger to those likely to use them. Failure to ensure the safety of the public will leave the owner or occupier of property liable to pay compensation for injuries.