An Accident Claim
You have had an accident and wish to make a claim. These
notes are intended to give you a very general idea of
what is involved under English Law in respect of such a
claim.
1. LIABILTIY
We consider at the outset of your claim whether your
case has reasonable prospects of success. If we do
consider that your case has reasonable prospects of
success then we will take your case on. However, events
may transpire during the course of your case which might
lead us to conclude that your case no longer has any
reasonable prospects of success. We would discuss that
issue with you then and reserve the right to terminate
our agreement if that is what we concluded.
For a successful claim against the other party, it is
not sufficient that an accident has occurred and you
have been injured. The extent and seriousness of the
injury makes no difference. You can break your neck and
still not necessarily have a viable claim. What is
essential is it show that the other party is at fault
and therefore liable. In other words, you must be able
to point the finger of blame in some way at the other
party.
This may involve negligence or it may involve breach of
some duty towards you which is imposed upon the other
party by statutory law.
If you cannot show any blame, then you will not be able
to claim. However, it is possible still to claim even if
blame is shared. If there is fault on the part of the
other party but you have also been negligent in some
way, then the amount of your claim will be reduced by
the way of Contributory Negligence. The reduction will
be expressed as a percentage of the total claim and may
range between 10% and 50% depending upon the extent of
your contributory negligence.
Establishing liability against the other party is thus
the first step.
2. QUANTUM
We have to be sure that your case is worth more than
£1,000. If it was not worth this amount then the
Defendants would not be obliged to pay your legal costs.
As we have decided to take your case on, it is our view
at this stage that you are likely to recover at least
this amount. However, if events were to transpire which
lead us to conclude otherwise then we would of course
inform you immediately.
Once liability has been established against or accepted
by the other party, then the second step is to decide
Quantum. Quantum means the amount which your claim is
worth and is divided into two general categories.
a) GENERAL DAMAGES
General damages represent the amount to be paid for your
injuries. They will cover pain and suffering in the past
and compensation for any degree of permanent disability
in the future.
The level of general damages is essentially based upon
the awards which have been made by the Courts in respect
of similar injuries.
b) SPECIAL DAMAGES
Special Damages represent money which you have lost or
money which you have had to spend as a result of the
accident. You are entitled to be put back into the
financial position in which you would have been if the
accident had not happened.
Your claim for special damages might include such items
as:-
| a) loss of earnings |
| b) cost of ruined or damaged clothing |
| c) travelling expenses |
| d) prescriptions |
| e) care if someone has had to look after you by daily things such as helping you with:- |
| i) personal hygiene |
| ii) nursing care |
| iii) cleaning |
| iv) cooking |
| v) gardening |
| vi) driving |
| vii) childcare |
|
It is important that you keep a full and accurate note
of all losses which you sustain and expenses which you
incur. Any relevant receipts and other documents should
be retained.
Assessing Quantum is the Second and Final Step
3. PROCEDURE
There are only two basic ways in which a successful
claim can be resolved:-
a) by agreement in correspondence.
b) by Court Order.
We will start out trying to resolve your claim by
negotiation and agreement. This is much quicker than
relying on Court procedures.
However, if liability is denied or insufficient progress
is being made by negotiation, Court proceedings may well
have to be issued. These will usually be in the County
Court (all claims with a value under £50,000.00 have to
be started in the County Court).
We would discuss Court procedures with you and explain
them if and when the need arises.
4. TIMESCALE
Accident claims take time - generally 9-18 months
Please remember this. The other party's representatives
will have to carry out their investigations. Medical
evidence will have to be obtained. Negotiations may
ensue.
When we send a Letter of Claim to the proposed
Defendants they are allowed a period of 21 days within
which to acknowledge receipt of our correspondence.
Thereafter, they have a further period of 90 days in
which to investigate the question of liability and
advise us within that time period whether they are
prepared to admit liability for you claim. If they do
admit liability then it is usually a case of obtaining
medical evidence to substantiate your claim and
negotiate the appropriate compensation. If liability is
denied then we will speak to you as to the best method
to progress your claim.
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