personal injury claims
Settling a personal injury claim can be a difficult and time-consuming task, one that you may not be able to undertake on your own. Insurance companies have skilled and experienced lawyers and claims adjusters on their side and so should you. Determining just how much compensation you are entitled to should not be a one-sided decision made by the insurance company. Having a personal injury lawyer on your side is the best way to ensure that you receive the compensation you deserve.
How much is your claim worth?
When filing a personal injury claim, it’s important that you are aware of exactly what damages you are seeking compensation for and how much you are entitled to receive for them. These factors will vary depending on the type of injury you incurred and where the incident happened. Never-the-less, they both should be calculated based on accurate and ethical figures and supported by documentation where possible.
Common factors used by insurance companies to determine the amount of personal injury claims include:
• Bodily harm-The severity of your injury will greatly affect the amount of compensation that you will be offered. The more severe your injury, the more compensation you will typically receive.
• Property damage – If you are involved in a car accident, or incur an injury that results in damage to your property then you should receive compensation based on its value. Don’t accept the insurance company’s quotes as absolute. Get your own estimate via an attorney or independent party.
•Loss of income- If your injury has resulted in you not being able to work or restricted your work hours then you are entitled to being compensated for those wages. Make sure that you keep track of any timesheets or scheduling information that you will need to prove time lost to both your lawyer and the insurance company.
• Medical expenses- Any hospital fees, medications, or other medically related expenses you’ve incurred as a result of your injury should be included in your personal injury claim and be subject to compensation.
Employing the help of a personal injury lawyer will help you determine how much you should be compensated for in each of these areas and if there are any other potential expenses you can claim to ensure you receive a fair payout amount.
How do insurance companies calculate personal injury claims?
Insurance companies rely on the help of adjusters and lawyers to calculate your damages based on a series of “formulas” that take into consideration:
• The severity of your injuries • The extent of damages caused by your injuries • Which party was at fault
Once these factors are calculated they are presented to the insurance company as a base amount to begin negotiations with.
The insurance companies are interested in protecting their bottom line and that means avoiding having to pay what they deem as unnecessary or exorbitant claims. Allow a personal injury lawyer to help you file your personal injury claims today.
This website is here for you if you have experienced an accident in which you should lodge a personal injury claim. Also if you are are a victim of a workplace accident you should immediately lodge a report with your employer. This article was posted by Jeff Hamonds of Personal Injury Claims.
As it stands the insurer is arguing that employer’s liability policies should be triggered by the development of mesothelioma rather than by exposure like public liability policies. However the development of mesothelioma can take over 40 years, so if a victim’s employer no longer exists victims would be left without compensation. This has become a common outcome for sufferers.
MPs called for quicker action on pleural plaques. The government has promised to consult on whether victims of these symptomless growths on the lungs, caused by expose to asbestos, should be allowed to claim compensation.
MPs want to overturn the House of Lords’ ruling made in October that says victims of pleural plaques cannot claim compensation. The government plans to announce its decision by November in time for the Queen’s Speech.
Negative attention has also been assigned to the personal injury claims process as legal aid was withdrawn from claims systems and replaced with ‘no win, no fee’ arrangements (conditional fee agreements). This allowed lawyers to claim large success fees which led to the birth of After the Event insurance (AEI).
Market research has revealed that many of the smaller claims are not covered by AEI. Estimates suggest that while motor claims represent more than 70% of claims by volume only 15% are AEI insured. This means that individuals either enter into policies without a safety net or are reluctant to make a personal injury claim at all.
This is not the first time personal injury claims process has come under fire. In 1997, the MoJ Lord Woolf, attempted to create a new and improved personal injury claims system.
An MoJ spokesman said: “We are listening carefully to representations about this and are actively exploring options on how people who have been exposed to asbestos, and developed pleural plaques, might be helped..”
In another case a Mr Cahrles Gordon was exposed between 1964 and 1967, diagnosed in August 2003 and died after a long and painful illness just two months later at the age of 81. His family was awarded compensation by the court of £152,000. The insurers have refused to pay a penny.
Althought the proceedings bring about renewed hope for the sufferers and grieving families, it comes with a price. Families do ot want to be dragged through legthy legal proceedings when they can be moving on and coping with the loss of their loved ones.
Due to the potential gravity of the ruling it is expected that there will be an appeal whichever side is successful. It is thought that may be eventually taken to the House of Lords.
Ruth has several articles covering personal injury claims as well as other personal injury related articles.
Many people believe that claiming compensation for an accident is difficult and time consuming and very expensive. This could not be further from the truth. It is quite possible that in the past claiming compensation was a lot harder. These days it is a very simple process that will cost you nothing. In 1988 the Conditional Fee Agreement was brought in to place replace legal aid with regards to compensation claims. This agreement also known as no win no fee makes claiming compensation available to everyone and anyone for no cost to yourself. It is a great way of giving justice back to everyday people. Before this agreement was put in place only people who were entitled to legal aid would put in claims if they even bothered at all. Those on higher incomes where legal aid is not available were put off by the legal fees and worried they wouldn’t win the cases and then end up even more out of pocket. These no win no fee agreements are available to anyone from any income or background.
With no win no fee claims your solicitor basically takes the case on and works for nothing. Once the case is won his fees are paid by the losing parties insurance and if you have occurred any charges for the use of government bodies or for medical records during your no win no fee claim; your expenses are refunded to you. You will also get 100% of any compensation awarded to you, without any deductions from your solicitor or anyone. What you need to realise here is that solicitors will not work for nothing which means they will only take on cases they are sure they can win. Compensation claims are really quite easy, if you can prove the accident wasn’t your fault and also prove that you were by no means to blame you have a winning case. A solicitor will be able to tell you over the phone if you have a case. There is ‘after the event’ insurance available for the small chance that your case is lost so your solicitor will still be able to claim back their fees. Again still at no cost to yourself. The only time you may have to cough up is when medical records are needed; the cost of this can come out of the final payout if you wish though, and again the insurance is available for lost cases.
Once you have contacted a personal injury solicitor and they believe you have a case they will send you a form to complete. This is the only bit of hard work on your behalf. You will have to fill out all the details of the accident including times dates, people evolved, witnesses etc. It will even ask you to draw a picture of the accident. It is handy to create a record of all this information as soon after the accident as possible because as times goes on you might forget details. You should also keep a check of expenses since the accident, like how many miles and times you had to go to the doctor or hospital. How many days off work you had, even a diary of the actual pain you were put under will help the overall case. On winning the case you will get all of your out of pocket expenses back which is why it is important to list everything even minor expenses as it all adds up. If you broke your expensive favourite watch in the accident but forget to mention it you will not get a refund for it.
So now you know how to go about making an accident claim and realise it is not an expensive or difficult process you can go about finding a good accident claim solicitor. Remember claiming compensation is your legal and civil right. Those that don't claim are only fools, they are letting the insurance companies get away with not have to cough up. They get enough money each year without all the unclaimed accident claims. Claim was is rightfully yours today! Carolyn is the webmaster of Accident Consulant, experts in Personal Injury Claims UK
Before pursuing a personal injury compensation claim for an accident at work, you will need to demonstrate that your injuries were the result of negligence on the part of your employer. It is the employee's responsibility to alert your employer to any accidents which take place while you're working. The actions of your co workers who cause the accidents which resulted in the injury are the responsibility of your employer. Remember, your employer cannot terminate your employment for making a legitimate personal injury compensation claim. Any details regarding the series of events leading to the accident must be correctly entered into the accident Book. However, if you are unsure about your rights and what you can claim for, we will be more than happy to discuss your situation for free. Slips, trips and falls in the workplace Many cases involving a trip, slip or fall at work are caused by the employer's failure to comply with current safety standards in respect of hazards. In the work environment this is the employers' responsibility to provide the proper guidelines and signage to insure against such injuries. However, if you've been unfortunate enough to still suffer from an injury in the workplace you can make a personal injury compensation claim your employer. They have an obligation to ensure that the work environment is hazard free and safe. Lifting injuries at work Have you had an injury at work as a result of lifting? Your employer must ensure that you have had the proper training and equipment to safeguard their employees against these types of accidents. They have an obligation to ensure that the work environment is hazard free and safe. A personal injury compensation claim may be sought in light of a dispute between you and your employer. If you do decide to take this option, expert legal advice is needed. Equipment at work Poorly managed or maintained equipment, together with inadequately trained staff can all be factors which lead to accidents involving machinery at work. In order to log legitimate personal injury compensation claim, all these factors will be taken into account. Whatever the circumstances surrounding your accident, you should consult with a solicitor trained in employment law. Please give us a call & we'll be happy to help. Industrial Disease Industrial diseases may not appear immediately and the symptoms may develop later on. However, in the working environment people can be affected and can sometimes be classed as industrial disease. Normally a personal injury compensation claim should be made within three years from the date of the cause of injury or illness. This time limit may be extended if you unaware of the cause of your symptoms until further down the line. Accidents in a public place The safety of all the public and visitors to privately owned land or property is the responsibly of those individuals. Insurance is in place for the most part to ensure that any injured parties are able to make a personal injury compensation claim in the event of an injury. Slips, trips and falls in a public place Was your accident caused by a defect on a path or pavement? This is becoming increasingly more common. An obstacle or pothole out of place can cause an injury enabling you to bring a personal injury compensation claim against those responsible for maintaining the path or pavement - typically the council.
Unfortunately, if you were to some degree responsible for causing your injuries, it is unlikely that you will be able to make a personal injury compensation claim. However, slips and falls can often be the cause of some of the most painful injuries. Accidents in shops and restaurants Shop premises at all times need to be free from any slipping hazards. This is the responsibility of the owner; managers. A wet floor due to spillage or unfinished cleaning must be properly signed and erected to alert members of the public to the hazard. If you have suffered an accident due in your local supermarket or shopping centre then you may be entitle to make a personal injury compensation claim Faulty goods and product liability These cases arise out of situations where products are defective and cause injury as a result of the defect. Have you been injured as a result of purchasing a standard consumer product which is defective? You may be able to make a personal injury compensation claim from the manufacturer/supplier as well as individuals/companies through whom the goods may have passed. Whiplash injuries Suffered a whiplash injury in an accident? You must seek medical advice as soon as possible. Normally your doctor, or if it's more serious, the Accident and Emergency department of your local Hospital. As part of your claim assessment, the medical record of your injury will used. It is therefore important that your injury is documented as soon as possible after you're aware of any symptoms. Sports Accidents Sports injury cases can occur during the game, where an injury occurs on the field of play. This can be due to the reckless actions of an opponent, the failure of an official to apply the rules of the game, or a similar incident. We can advise on any concerns or queries you have in regards to putting forward a personal injury compensation claim. Road accidents ...account for a large number of all accidents and personal injury compensation claims in the UK. Drivers of all vehicles are required by law to have some level of insurance. These typically are Fully Comprehensive, Third Party Fire and Theft or Third Party only. These are in place to provide adequate protection for those involved in an accident. A driver's negligence can often lead to a third party suffering a personal injury as a result and may need to place a personal injury compensation claim. This can be whether or not the driver's negligence has escalated to a police prosecution. The MIB (Motor Insurers Bureau) exists to provide cover if it is discovered that a negligent driver had inadequate or no insurance at the time of the accident. In such cases, you may still be able to bring forward a personal injury compensation claim. Road accidents involving cyclists A personal injury compensation claim can be presented if a cyclist is involved in an accident where a third party is at fault. This may be brought against the offending third party. You may also be able to recuperate any loss or damage to your bicycle and clothing as well as loss of earnings. In addition, obtain compensation for your injuries by you starting a personal injury compensation claim. Road accidents involving pedestrians If a pedestrian can demonstrate their injuries were caused solely or in some way by a third party, they may be able to obtain compensation through a claim for their injuries. If as a pedestrian involved in an accident you are held partly to blame, you may still be entitled so some level of compensation. The Claims Master Group will be happy to advise you on any personal injury compensation claim. Road accidents involving animals Owners of livestock such as cattle or horses are duty bound to the safety of road users by maintaining adequate levels of security in respect of their livestock. Unfortunately, animals do stray onto the road and can cause accidents. If it can be shown that the owner of an animal involved in an accident neglected their duty to maintain a safe environment for road users, a personal injury compensation claim for damages may be brought against them. Road accidents involving passengers A successful personal injury compensation claim for damages can almost always be obtained where a passenger has suffered injuries as a result of a road traffic accident. In these situations, passengers are generally regarded as blameless. Usually they are casualties who have suffered as a result of someone else's negligence. Wearing seat belts are of utmost importance and if this is not the case it may affect the level of damages obtained. Road accidents involving drivers In most cases it is often another driver that has under some circumstances caused an, or it may have been due to the negligent actions of another. A driver can make a personal injury compensation claim for loss and injuries if someone else can be proven to be held responsible. Roads not being gritted causing icy and hazardous conditions, can all lead to a personal injury compensation claim against the party responsible for maintaining the roads. Even if the party at fault may not have proper insurance cover, a personal injury compensation claim can still made. However, in these circumstances it is in your interests to seek legal advice.
If you've suffered an accident or a personal injury that wasn't your fault, you are very much entitled to seek compensation. You can also get expert guidance from a team of personal injury claims solicitors. They can help you work out whether you have a claim and the experienced personal injury lawyers will make the claim process simple and easy to understand. The personal injury lawyers can advise on how to make a claim for the accident or illness. Online personal injury compensation claims fasten up the process of making a claim.
Many people find legal claims stressful. This is more so if the person is suffering from illness or injury. The solicitors will try and make it simple for the claimant and provide answers to common questions such as how much a person can claim and what are the chances of winning a claim. With appropriate guidance, one can make a claim successfully. Get guidance from claims solicitors. One of the main considerations to make is that if you have suffered an injury as a result of an accident that wasn’t your fault then you are fully entitled to claim compensation.
If you have slipped in a shop while shopping and injured yourself on a slippery floor that was unmarked, or tripped on an uneven or broken pavement you are eligible for compensation. There are laws that impose a duty on the people responsible for the running or maintaining of a public place to ensure that lawful visitors are reasonably safe from slip or trip accidents whilst on their premises. Moreover, public liability also applies to places of employment, and any privately owned land or building whilst highway authorities and local councils also have duty of care to maintain pavements and roads to reasonable standard. Slip trip and fall injury compensation claim can help a claimant get suitable compensation. Accidents resulting from a slip, trip or fall can occur anywhere. The common causes for such accidents are defected roads, uneven/icy pavements and unsafe steps to name a few.
Whiplash injuries usually occur due to stiffness or neck pain, shoulder pain, insomnia, dizziness, lower back pain, headaches or fatigue. If you are a victim of such an injury, you can easily seek claim. Such injuries are not uncommon. If you have been injured in an accident whether as a driver or a passenger which was not your fault, you can make whiplash injury compensation claims. You can also approach online injury claims specialists. If you have suffered any kind of personal injury in the last three years that wasn't your fault, whether it was a car accident, accident at work, or any other type of injury, you can make use of this service.