How UK Injury Compensation Law Affects You
UK injury compensation law places restrictions of who is eligible to claim compensation and the circumstances under which an injury compensation claim can be made.
To find out how injury compensation law affects your ability to make a claim for compensation, you should speak directly to a specialist injury compensation solicitor for advice. An injury compensation solicitor will be fully up to date with recent legal precedents and changes in UK injury compensation law. They will offer advice on eligibility to make a claim for personal injury compensation, and will provide an indication of the strength of your case.
Under UK injury compensation law, any citizen is able to make a claim for compensation provided that there is a third party against which to claim. If an injury has been sustained, and a third party was at least partially to blame, it may be possible to claim injury compensation under UK claim law.
Eligibility to Claim Under UK Injury Compensation Law
UK injury compensation law is relatively straightforward on eligibility to claim; however it is still important to seek the advice of an injury compensation solicitor. Determining whether there has been negligence and obtaining proof may not be as straightforward as it first appears, and injury compensation claims have potential to be become highly complicated.
In order to be eligible to make an injury compensation claim, UK injury compensation law dictates that a claimant must:
1. Have sustained an physical or psychological injury in an accident for which the claimant was not entirely to blame
2. The accident must have been caused by the negligence of a third party
3. There must have been a duty of care owed to the claimant which has been breached
4. The injuries sustained in an accident were directly caused by third party negligence
Under UK injury compensation law, it is not necessary to be able to categorically prove that a defendant has been negligent, just that on the balance of probabilities they are liable for the injuries. If you have been involved in an accident, and have sustained an injury, and believe that someone else was responsible, you should consult a personal injury compensation solicitor for legal advice as to whether you are eligible to make a claim for personal injury compensation.
UK Injury Compensation Law and Claims for Children
Injury compensation law dictates that only an adult can initiate a legal claim to recover compensation, and claims cannot be initiated by anyone under the age of eighteen.
With accidents to children it may not be practical to delay making a claim, and earlier payment of compensation may be required to cover medical treatment costs. As such, it is possible to make a claim on a child’s behalf as a ‘litigation friend’ under UK injury compensation law. A personal injury compensation claim can then be made to recover injury compensation, although compensation awards would be held by the UK courts until the child’s eighteenth birthday. An injury compensation solicitor could apply to a judge to release a proportion of the funds to cover ongoing treatment costs and legitimate expenses if required.
If your child has been injured it is of vital importance to seek legal advice from a UK injury compensation solicitor as soon as possible after the event. You will need to discuss whether it is beneficial to pursue an early claim and whether the chances of success would suffer as a result from a delay. Evidence is strongest closer to the time of the injury, and it may be in the child’s best interests that a claim for compensation is pursued quickly.
No Win No Fee Representation in Injury Compensation Claims
Injury compensation law on No Win No Fee injury compensation claims dictates that should a case prove to be unsuccessful, the claimant will not have to pay a penny in legal fees to their injury compensation solicitor. No Win No Fee representation is a conditional fee arrangement which is entered into before a solicitor initiates a claim for compensation.
No Win No Fee injury compensation claims should not be assumed to be totally free of charge, as the claimant will always be liable for third party legal costs in the event that a claim for compensation is not successful. In the UK, injury compensation law dictates that the losing party is always liable for the legal costs of the winner.
Disbursements, or legal expenses, accrued by a No Win No Fee injury compensation solicitor, may also be required to be paid on resolution of a claim. Many claimants believe that a No Win No Fee injury compensation claim is totally free of charge and have to not only cover the cost of their injuries should a claim fail but also may be presented with a large legal bill.
An existing insurance policy may provide cover for third party legal costs, or advice can be sought on after the event insurance to cover such costs in an unsuccessful claim. By determining liabilities in a No Win No Fee injury compensation claim, provision can be made to cover any potential costs.
Why Using A Personal Injury Compensation Solicitor is Important
Claims for compensation can appear to straightforward and often involve clear cases of negligence. A third party may even accept that they are liable for your injuries and it can be a temptation not to seek professional legal representation. However personal injury claims undertaken without an injury compensation solicitor have a much lower chance of being successful. Using a specialist injury compensation solicitor will not only improve the chances of success, but usually results in far greater injury compensation awards.
Injury compensation law may be relatively straightforward, however how the law applies to a particular case may be considerably more complicated. Any claim for compensation has potential to be complicated, and a defence may even attempt to discredit a claim. Should an injury compensation claim go to the UK courts to be decided, it pays to have an experienced injury compensation solicitor working the case.
Time Frame for Legal Action Under UK Injury Compensation Law
UK Injury compensation law is governed by the Limitation Act (1980), which places a strict time limit on initiating a claim for injury compensation. The law ensures that defendants do not have to live in constant fear of litigation and that claimants are given the maximum chance of success. Evidence to substantiate an injury compensation claim is best collected close to the time of the accident, when the event is still fresh in the mind. Although a claim may not need to be made with any particular urgency, delaying seeking legal advice can place an injury compensation claim in jeopardy.
A UK injury compensation solicitor will first assess your eligibility to claim under UK claims law, and will give you advice on how the UK statute of limitations applies. The statute of limitations is usually set at 3 years from the date of the injury, the date when the injury first became known, or when a disease or condition was first diagnosed. There can be a significant time difference between each of these events, and it is of vital importance that the correct time frame be ascertained. Injury compensation law on limitation is strict, and judges rarely make exception to the UK statute of limitations.
Offers of Injury Compensation by Third Party Insurers
There is a growing trend with insurance companies to limit losses from injury compensation claims. Injuries sustained in the workplace and car accident claims can frequently see a third party insurer contact a victim directly with an early offer of compensation to quickly settle the claim. It is perfectly acceptable under UK injury compensation law for an insurer to make an approach and attempt to settle a claim early, however injury compensation law does not stipulate that any offer made is fair or adequate.
Due to the confusion which often exists straight after an accident, and the fact that many medical problems resulting from an injury may not yet be known, there is considerable potential for a claim to be under-settled. This is the aim of insurers when agreeing settlements directly with an accident victim and, without seeking injury compensation advice from a specialist injury compensation solicitor, the full eligibility of compensation may not be awarded. No insurance company will start out with their best offer, and it can often take a personal injury solicitor to help them increase the settlement value.
After seeking advice from an injury compensation solicitor, it can be easily determined whether the offer is fair, or if a more comprehensive settlement should be pursued.
How Is Injury Compensation Awarded
Under UK injury compensation law, damages can be claimed for pain, suffering and loss of amenity, together with a claim to made to recover expenses arising from an injury. General damages are claimed to compensate for any suffering caused by a claimants injuries and includes any loss of amenity which has resulted. This can be a temporary loss of mobility due to a broken bone or, in the case of a permanent injury, damages to compensate for a lifetime of lost opportunities. Such intangible concepts are difficult to calculate and always require specialist advice from an injury compensation solicitor.
Special damages are concerned with expenses arising as a result of an accident and for any costs incurred from having injuries treated. Special damages may include a claim for material damage, such as replacement of a vehicle which was involved in a crash, and any legitimate expense arising from the accident. Medical treatment costs can be considerable and can be reclaimed as special damages, together with any cost or expense directly attributable to the injury. Provided that the claim can be substantiated with receipts and invoices, and the costs are considered to be reasonable, an injury compensation solicitor will seek to add them to a special damages claim.
Contact a Solicitor for Injury Compensation Claims Advice
Speaking to an injury compensation solicitor will confirm whether or not you are eligible to make an injury compensation claim, and you will be informed of the next steps that you will need to take. You will have the chance to ask questions about making a personal injury claim, and can then take your time to decide whether you want to proceed.
Making a claim for personal injury compensation is not a decision which can be taken lightly and you will need to have time to think about making a claim. Should you wish to issue proceedings and proceed with a personal injury claim, our injury compensation solicitors will be happy to help.