Personal
Injury - Questions Answered
We are personal injury solicitors and therefore we
can offer the following information based on our experience
in personal injury.
- What
compensation can I expect as a result of my accident?
- What
are Civil Procedure Rules?
-
Do I need to use a solicitor?
- What
is the likely cost of me pursuing a claim?
1. What compensation can I expect as a result of my
accident?
There are two types of damages: General and Special.
General damages compensates the victims of accidents
for pain, suffering and loss of amenity. Damages are
assessed with reference to past awards and are awarded
by reference to the Judicial Studies Board Guidelines.
The Judicial Studies Board Guidelines set out all types
of injury and the current levels of compensation that
are being awarded for that injury.
Special damages are awarded to compensate victims for
financial losses which have been incurred as a direct
result of the accident.
Special damages include:
- Loss of earnings
- Loss of overtime
- Loss of bonuses
- Nursing care and assistance provided to the injured
person
- Travelling (taxi fares, bus fares and visits from
friends and parking costs)
- Care and assistance
- Alternations to current accommodation and cases
of serious ongoing disability
- DIY and gardening costs
- Child minding costs
In order to recover items of special damages, the court
must be satisfied that the expense has been incurred
as a direct result of the negligence of the defendant
who caused the accident and that the loss/ expense is
reasonable in all the circumstances. There is a duty
on each claimant to mitigate such losses.
2. What are Civil Procedure Rules?
On 26th April 1999 the Civil Procedure Act 1998 was
implemented. The civil procedural rules provide guidance
as to how all personal injury claims ought to be pursued
even prior to proceedings being issued. The civil procedure
rules have been designed with the aim of resolving disputes
economically.
3. Do I need to use a solicitor?
We would advise that solicitors should be used for
the investigation and settlement of all personal injury
claims. There are various firms who have established
themselves as claims assessors who seek to undertake
personal injury on a contingency basis. However, following
an investigation by the Department of Trade and Industry
it was ascertained that a substantial number of claims
handled by claims assessors were settled at a substantial
undervalue. Solicitors are regulated by statute and
the Law Society has a special panel of accreditation.
4. What is the likely cost of me pursuing a claim?
It is difficult to predict the cost without knowledge
of your details. We would recommend to book a free consultation
appointment at which we would be able to provide you
with an estimate. There are a number of fee options
available (e.g.: no win, no fee), for you to choose
from.
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