If you have been injured physically or mentally by the result of the negligence of a Company organisation or individual then you are entitled to claim damages even if you are partially responsible yourself.
Because claims for damages for injuries include legal fees there is very little point in dealing with the matter yourself as you can instruct Solicitors to act on your behalf and their fees will not come out of the damages you are awarded. Providing there is some degree of negligence Solicitors are generally willing to act on a 'no win no fee' basis, because they are certain from the facts that there is an element of liability.
In the majority of cases, claims will be made against individuals or organisations that are insured and the Insurance Company will therefore pay for any damages. In cases where liability is not disputed, it is only the question of the amount of damages that needs to be decided.
Damages are payable for any injury, suffering or financial loss that is a direct consequence of the negligent act. To establish the extent of damages payable certain evidence is generally required and this is usually in the form of Medical reports, or in the case of financial loss, Accountants reports or loss of earnings statements from an employer.
The Insurance Company will want as much evidence as possible before making an offer of settlement, and in the case of injury may insist on an independent medical report from a specialist. If the amount of damages payable cannot be agreed or liability is disputed the matter will have to be decided by a Court of Law. It is however rare that the Courts get involved because it can be extremely expensive, and Insurance Companies much prefer to settle the matter out of Court.
The following are examples of the most common types of claim made:
The content of this section is provided by a leading Personal Injuries Solicitor.
- Road Traffic Accident
- Statistically, the most common of accidents.
- Examples of cases include:
- Brain and Spinal injuries
- Claims on behalf of children
- Claims made by passengers on public and private transport
- Injuries of the utmost severity to motorcyclists
- Claims involving uninsured victims and drivers
- Injuries involving pedestrians
- Injuries caused by defective vehicles
- Injuries suffered in Road Traffic Accidents on holiday
If you have injured in any type of road accident whether or not you were the driver or a passenger or a pedestrian you will usually be entitled to compensation.
If you were the driver of a vehicle that was involved in an accident and it was not your fault then you will automatically have a claim for any injury or damage to your vehicle, and any passenger will also be able to claim. Even if the accident was your fault and you had fully comprehensive Insurance you would be able to claim against your Insurers.
If you were a passenger and suffered injuries you would automatically have a claim against the driver, even if they did not have fully comprehensive cover. Many people who suffer injuries as a result of an accident where the driver was a relative or friend, do not bother to make a claim because they think it will effect their Insurance no claims bonus. This is foolish because if the driver is making a claim himself for damages to his car his no claims bonus will not be further affected by your claim.
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