1 Dawn Cardwell - Robert Holroyd - Jeremy Rea - Paul Richardson - Jim Wyatt - Freephone: Earls Court, Priory Park East, Hull, HU4 7DY Tel: Fax: Issue date: 02/2008 Revision Nº1/2008 Personal Injury Claims
2 Contents Page About us About us 3 No no win, no fee, no deductions 4 Personal injury protocols 5 Types of claims 5 Proving a claim 6 Compensation 6-10 As one of Yorkshire s leading specialist law firms we pride ourselves in providing a comprehensive, professional and personal service to our clients. We have been successfully dealing with Personal Injury Compensation Claims for over 25 years and have the understanding and experience to get you the maximum compensation. Our team includes members of the Personal Injury Law Society Panel and the Association of Personal Injury Lawyers. We have specialist solicitors and claims handlers to deal with: Asbestos Diseases Road Accidents Work Place Injuries Serious Spinal and Head Injuries You can make a free, no obligation appointment to discuss whether or not you have a claim and the possible value of it. Don t wait forever for your COMPENSATION CHEQUE! 2 3
3 No Win, No Fee, No Deductions Our policy is simple: If we do not win we do not charge anything If we settle the claim there is no deduction from the compensation Personal Injury Protocols These are statutory guides intended to provide claimants with a timetable and structure to enable claims to be investigated and settled quickly. It is intended that the Protocols will also reduce the need to issue proceedings. We will advise as to each step to be taken under the Protocols and work with you in complying with them. How we can help with your claim We will assess your claim free of charge. This can be on the telephone in the more straight-forward cases or by arranging an appointment to meet you at a time which is convenient. We will happily meet you at home or at the hospital if this is easier than you coming to our office. If we agree to take on your case we will start your claim by: Writing the protocol letter of claim to the responsible party Interviewing witnesses Visiting the site of the accident if necessary We will then work towards a settlement of your claim by: Making sure the Insurers stick to the protocol timetable Getting the right medical evidence for you Putting together your claim for expenses and losses If we can t settle the claim then we will issue proceedings and fund that through to the end. To keep things moving and to update you faster we will if you prefer YOU. Claims often result from... Road Accidents If you are the victim of a road accident you may be entitled to compensation in respect of your financial losses, as well as your injuries. This applies whether you are the driver or passenger of a vehicle, a motor cyclist or pillion passenger, or even if you are a pedestrian. Accidents at work European Directives have changed the basis of our health and safety at work law. The Directives have created the concept of risk assessment, the purpose being to eliminate or reduce the risk of accidents at work. Despite the Directives, industrial accidents do happen and injured employees can claim compensation. Industrial Diseases Probably the most common dangerous material is asbestos. Many of those exposed to it in the past are now beginning to suffer symptoms due to breathing in asbestos dust. Compensation is available for these people. We have set up a specialist department to deal with asbestos claims. Ask for our asbestos brochure or visit our website at 4 5
4 Other examples include asthma, work related upper limb disorders, deafness, VWF and cancer related diseases. In addition to the medical research which now enables these claims to be brought, the Courts often make allowances for the fact that there may be some delay in bringing a claim. Other Accidents Other types of accidents occur which can give rise to a claim for compensation. For instance you may have been out shopping and slipped on a dangerous floor, tripped over an uneven pavement, suffered food poisoning from a bad meal or had an unsatisfactory holiday. In all such cases you may be entitled to compensation. Proving a Claim In England compensation is only payable where fault or blame can be established and loss proved. In any claim, be it a road accident, an accident at work, industrial disease or a tripping case, it is not enough to simply claim that there has been an accident or injury. Witness Evidence In some cases it will not be possible to prove fault or blame without the help of witnesses. Some claims will therefore involve the need to trace and interview witnesses and appropriate experts. We have the resources to carry out these investigations but we will need your help in identifying and tracing witnesses. In some rare cases it is unfortunately the case that after witnesses have been traced and interviewed it is no longer possible to proceed with the claim. Although these instances are rare they may occur from time to time. Pain, Suffering and Loss of Amenity Compensation is paid for the pain and suffering caused by the injury itself and the consequent reduction in quality of life caused by the injury. Such compensation is based on the medical evidence and is usually described as General Damages. Expenses All expenses due to the accident such as car hire, vehicle repairs, accident excess, taxi fares to and from the hospital, extra telephone calls, prescription charges, clothing, extra laundry, and expenses incurred by you and your family in hospital visits can all be included in your claim. It is recommended in all cases that receipts or a record is kept of all these types of expenses. From time to time as your case progresses you may be asked for details of all expenses to be claimed. Loss of Earnings or Profit If you are in employment or self employed you will be entitled to your loss of earnings or profits. Loss of Future Earnings In some cases you may find that as a result of your injury you cannot return to work or if you can that it is on a limited basis. If that is the case you will be able to claim in respect of your future loss of earnings and any associated Pension losses. Calculating Compensation With the exception of criminal injuries, there is no fixed basis for calculating compensation. At the end of the day the amount of compensation you get could quite easily depend upon the skill of the Claims Handler. All our Claims Handlers are trained to deal with Insurance Companies and have access to computerised legal research, keeping them up to date with the latest compensation levels. 6 7
5 Handicap on the Labour Market Unfortunately in many cases there can be some permanent partial disability and although this may have no immediate effect on your earning power it may be that at some time in the future it will. In such cases compensation is claimed in respect of this disadvantage or handicap on the labour market. Similarly as a result of an absence from work due to the accident you may have lost the opportunity of a better job or promotion. Again compensation for this loss is claimed. Child Cases Generally speaking the same principles apply to children under eighteen years of age who have been injured. In the majority of cases however, Court approval of the settlement of any claim is required. This means that, with the exception of any necessary expenses incurred, the compensation figure will be approved by the Court and will be invested by the Court on the child s behalf until the child has reached the age of eighteen. Expert Evidence In some cases it may be necessary to get expert advice from, for example an engineer, to assist in reconstructing an accident. We keep a register of Court approved experts. Claims can be delayed This is often intentional and necessary. Claims should not normally be settled until there has been a full recovery, which can take some time, or alternatively until such time as the condition has stabilised and a firm medical opinion can be given. Interim Payments In the majority of cases settlement can be reached fairly quickly and full payment made. In the more serious and complicated cases an inevitable delay occurs. In such cases we can obtain an early interim payment from part of the compensation you will receive. Medical Evidence No claim will be settled without a medical report. If the claim is likely to settle for less than 15,000 then under the Protocol one medical expert will be appointed. The benefit of this is that it stops insurers getting their own reports thereby avoiding further delay. In all other cases the Protocols allow greater flexibility over the choice and number of medical experts. Provisional Awards In some cases where injuries may worsen or where complications may develop, a provisional award of damages will be made by the Court. This means the Court will award damages based on current disability and symptoms but allow a further application to the Court for additional damages should the condition or symptoms worsen. Our resources are such that we have a national database of medical advisors ensuring that in those cases a thorough and skilful investigation is carried out - so that maximum compensation is paid. 8 9
6 Court Proceedings If a claim is unsuccessful after proceedings are issued there will be no charge, and provided you have the benefit of after the event legal expense insurance you will not have to pay the defendants legal costs. If the claim is successful after proceedings are issued you may have to pay something towards the cost of after the event legal expense insurance. Legal Costs If for some reason we are instructed on a fee paying basis there could be costs to pay. Most claims are settled on the basis that the Defendants and or their insurers (the other side), make a contribution towards your legal costs. However it is most unlikely that upon settlement the other side will pay all your legal costs. In other words the Court very rarely orders the other side to pay the whole of your bill, although normally most of your costs are paid. The difference between your bill and what the other side pay is payable by you. Legal Expense Insurance Disability Discrimination Act 1995 If the effect of an injury lasts or is expected to last for more than 12 months and give rise to a disability as defined in the Act your employer is now under a legal duty:- i) to make reasonable adjustments at work to avoid placing a disabled person at a disadvantage, and ii) not to discriminate against a disabled person in respect of employment. If an employer therefore either discriminates or dismisses a disabled person on the grounds of the disability the employee may have a separate claim against the employer for damages under the Act. For further information and advice contact our Employment Law Department on It should be noted however that the time limit under the Act in which to bring a claim in the Employment tribunal is 3 months from the date of dismissal. Even if you have the benefit of Legal Expense Insurance we can still act for you because under the Insurance Companies (Legal Expense Insurance) Regulations 1996 you can choose your own Solicitors. Limitations of Actions Although there are exceptions, the general rule is that any action for personal injury and fatal claims must be brought within 3 years of the date of the accident. However, we advise you to claim immediately while the incident is fresh in your mind and that of any witnesses
Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the
CLAIMING COMPENSATION THE IMPORTANCE OF SEEING THE RIGHT SOLICITOR By Jonathan Fogerty Spinal Injuries Association Trustee & Solicitor Taken from the text of a talk given at the NAIDEX Conference (Birmingham
A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT CONTENTS General information 02 Early payment of expenses 03 The Accident Notification Form (ANF) 03 Who can make a claim Other driver or owner at
Presidential Guidance General Case Management The Guidance is issued on the thirteenth day of March 2014 under the provisions of Rule 7 of the first schedule to the Employment Tribunals (Constitution and
Secure Motor Plus Insurance Product Disclosure Statement and Policy Wording Preparation date: 19 May 2010 PDS Issue 5 Date prepared 19/05/2010 V3812 Product Disclosure Statement and Policy Wording PART
Spinal Injury A client s guide to spinal injury Contents 3. The Personal Injury Department at Field Fisher Waterhouse LLP 4. Spinal injury - the facts 5. Can I claim compensation 6. Funding the case 7.
THE CONSUMER S GUIDE TO CAR ACCIDENT CLAIMS IN NOVA SCOTIA Why Most Nova Scotia Car Accident Victims Don t Receive Fair Compensation John A. McKiggan Arnold Pizzo McKiggan 306-5670 Spring Garden Road Halifax,
TEN Things You Need to Know if You are Involved in a Car Accident in New Jersey By James S. Lynch and Arthur V. Lynch WWW.LYNCHLAWYERS.COM COPYRIGHT 2008 BY ACCIDENT BOOKS PUBLISHERS All rights reserved.
Spinal Cord Injury A GUIDE TO YOUR INJURY CLAIM CANTINI LAW GROUP ATLANTIC CANADA S INJURY LAWYERS Table of contents 3 About spinal cord injuries How the nervous system works Complete vs. Incomplete Traumatic
Spinal Cord Injuries Personal Legal Services This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions.
Protecting Your Family From Accidents Practical advice on insurance choices, the insurance claim process and Personal Injury and Wrongful Death lawsuits, including: A Lawyer s Guide To Purchasing Car Insurance
Financial help for people with mesothelioma This information is an extract from the booklet Understanding mesothelioma. You may find the full booklet helpful. We can send you a free copy see page 7. Contents
This brochure was prepared by the Washington State Association for Justice (WSAJ) as a guide to help the citizens of Washington State understand their rights. Established in 1953, WSAJ represents attorneys
TEN Things You Need to Know if You are Involved in a Car Accident in New York By James S. Lynch and Arthur V. Lynch WWW.LYNCHLAWYERS.COM COPYRIGHT 2008 BY ACCIDENT BOOKS PUBLISHERS All rights reserved.
ADVERTISING MATERIAL ACCIDENT VICTIM INFORMATION AND RIGHTS Accident & Injury Attorneys 11 Mistakes That Can Cost Accident Victims Thousands of Dollars What insurance companies don t want you to know (Mistakes
HERE S THE SPECIAL REPORT YOU REQUESTED... ATTENTION: Accident Victim!!! FREE SPECIAL REPORT REVEALS: INSIDE SECRETS INSURANCE COMPANIES DON T WANT YOU TO KNOW ABOUT YOUR INJURY CLAIM. By Garry S. Malin,
You are probably reading this guide because you were recently in an automobile accident. Now you are faced with some difficulties. The tasks of managing your care and your insurance claim can be confusing
Financial Institutions Environment and Labour A Consumer s Auto Insurance Guide 2nd edition Auto insurance is a mandatory product for all drivers in Nova Scotia. However, understanding this complex product
THE HOGG & GARTLAN LAW FIRM PERSONAL INJURY AND ACCIDENT REPORT BY AARON GARTLAN 0 No representation is made that the quality of legal services to be performed is greater than the quality of legal services
A guide to receiving direct payments from your local council A route to independent living September 2009 This guide contains information on direct payments updated in 2009, under the provisions contained
Reforming mesothelioma claims Kennedys response to a consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales 2 October 2013 1 Table of contents TABLE OF CONTENTS...1
Top 10 Mistakes that can Wreck your Oregon Accident Case IMPORTANT The information on this website and in this report is general only and may not apply to your case. Each case is different, depending upon
Personal Injury Victim s Handbook A Guide for Personal Injury Victims In Vermont And New Hampshire Written by Ed Van Dorn, Attorney at Law Van Dorn & Curtiss PLLC P.O. Box 263 Main Street Route 10 Orford,
What you should know about IN ONTARIO This booklet contains information about the law as it was at the time it was written. The law can change. Check the Ministry of the Attorney General website at http://www.attorneygeneral.jus.gov.on.ca