You are unfortunate enough to be involved in a horrific road traffic accident, which was not your fault, then you may be entitled to make a personal injury compensation claim.
You may have been injured as a result of any of the following circumstances;
- Another car collided with your vehicle for which you have suffered damage (to your vehicle) and/or personal injury to include other losses such as a loss of earnings;
- You collided with another, vehicle and you believe this was not your fault, but the other party has made a claim against you;
- You were the passenger in a vehicle or vehicle involved in an accident;
- You were a pedestrian hit by a car either while walking or on your bicycle.
Unless your injury was caused deliberately by the other party, which we can also advise you on; your claim will proceed under the law of negligence. All road users have a duty of care to other road users and pedestrians; this duty is simply not to cause them harm or injury through their actions. The allegations of negligence will differ from case to case, but we will be able to advise you on these and prepare your claim.
You can claim compensation for psychological injury even if you have a little or no physical injury. Our specialist solicitors will be able to advise you further. In some cases, you may also be able to claim for psychological injuries even when there are no physical injuries.
If you are a passenger in a car, van, bus or coach; which is involved in a collision, your personal injury compensation claim would be made against the insurance company of the person responsible for the accident, whether that is the driver of the vehicle you were travelling in or a third party driver (or both if necessary).
If you are a pedestrian, a motorcyclist, a pedal cyclist or a driver, your personal injury claim would be made against the insurance company of the person driving the vehicle; which collided with you.
You may also be able to make a claim for compensation if you are involved in a road accident abroad or on holiday. Contact us on 01484 530003 for more information.
In some cases a collision may have occurred which is referred to as 'low impact'; this may have caused little or no damage to your car.
However, such 'low impact' incidents do not necessarily mean that there is no injury. You may have suffered some injury and there may be resulting psychological trauma. Just because the accident was 'low impact' does not mean that you cannot bring a claim.
You may be thinking that you do not wish to make a claim because you consider yourself partly responsible for the accident. In these circumstances, even if this is the case, you may not be precluded from claiming and obtaining compensation. It will simply mean that your compensation is reduced by the amount you were considered to be at fault; if this cannot be agreed with the other party it will be decided by the Court.
This will depend on the severity and extent of injuries suffered and time taken for complete recovery. No two injuries are the same and there is no precise answer to the question of how much a particular injury is worth.
Solicitors and Insurers normally consider the judicial studies broad guidelines regarding personal injury compensation while assessing the level of compensation.
These are just guidance only and more accurate calculations are based on past awards made by various courts while settling personal injury claims involving similar injuries.
Calculation of the amount of compensation will be on the basis of medical expert reports that will deal with injuries suffered, possible consequences and expected recovery. the longer it takes for full recovery the more will be the number of damages awarded.
If you suffered an injury in an accident you are entitled to claim compensation for pain , suffering and loss of amenity commonly called General Damages.
You are also entitled to claim for any losses you may have suffered as a result of the injury. These are generally called Special Damages and usually include following;
Loss of earnings
Any insurance excesses you may have paid
Damages to your clothing and property
Rehabilitation costs and cost of any care arrangements
Home adaptations as may be required
Any future losses such as inability to work, loss of promotion prospects etc