Road traffic accident compensation

Anyone injured in a road traffic accident that wasn't their fault can claim compensation for the injury and losses they've sustained.

The route these personal injury claims follow from the outset to final settlement can vary depending on the specific circumstances of the claim and the type of injury and losses you sustained. There are some basic considerations and milestones involved in making road traffic accident claims. Here's a guide to what you should consider claiming for and the processes and stages you'd go through when you make a road traffic compensation claim.

Choosing the right solicitor

You will normally be directed to a solicitor by your insurance company. However, you are not obliged to use them and are free to choose any solicitor you like without incurring any penalty. If you're unhappy with how the appointed or 'panel' solicitor is handling your claim, there's nothing to stop you researching the solicitor you'd prefer to instruct. Make sure that whoever you choose has experienced lawyers who can bring your claim to a successful conclusion and get the best level of compensation to provide for your immediate and future needs. If we think we can help you, we will arrange appropriate funding for your claim. In most cases, than means acting on your behalf on a no-win-no-fee basis.

Establishing Liability (who was to blame)

Once funding for your claim has been arranged, we'd investigate how your injuries happened, and who can be held liable for road traffic accident compensation. In some cases this may be a very quick and simple task, but in others it may take some time. There may be a lot of information required, investigations to be made and evidence to obtain before a final assessment can be made and even then your opponent may still dispute the case. In some instances it may be necessary to proceed to a court hearing to get a judge's ruling on the question of liability. In cases where liability is disputed you may be asked to provide detailed evidence on how the accident occurred, where it occurred, who/what else was involved, and whether there were any witnesses. You should forward all of the information you have to your lawyer as quickly as possible, and the more information you can obtain about this the better.

Calculating financial losses

Many people think that the value of a claim is basically the amount awarded for the personal injury, but your financial losses can often be more significant. These could include things like damage to a car or motorbike, personal clothing or accessories and replacement vehicle costs. Other financial losses in any road traffic accident claim could include medical treatment and medication costs, consultants' fees, x-rays, MRI scans, costs for treatment such as physiotherapy, chiropractic and osteopathic treatment. You should also consider the cost of surgery in more severe cases and more mundane expenses like travelling and parking when attending appointments.

Care and assistance costs

If you've paid for someone to carry out domestic chores, gardening or shopping because you've been unable to do these things for yourself, you may be able to recover these costs as part of your claim. If friends and family have done those chores for free, a claim may still be possible. The key in all of this is to ensure you are completely open with your solicitor about the way in which you have been affected by the injury sustained so they can highlight areas of investigation and make appropriate enquiries. In more serious cases it may be that you will continue to suffer financial loss on an ongoing basis: for example, if as a result of your injury you were only able to work part-time for the foreseeable future. In these cases it is possible to project the claim forward to calculate future losses and include those in your settlement.

Personal injury compensation

As well as financial losses you may be entitled to compensation for the injuries you've actually sustained. The assessment of damages in a claim is based on a wide range of factors, including:

type of injury
whether multiple injuries have been sustained
severity of the injury
duration of the injury
extent to which the injury has affected your day-to-day life
extent to which the injury may have affected your leisure pursuits and pastimes
extent to which the injury may affect whether you can work again
level of treatment required
whether you have a relevant pre-existing medical history (i.e. whether you have suffered previous problems in the area affected by the accident)

The amount of compensation

When assessing the value of road traffic accident claims we consider medical experts' findings and clients' instructions on as many of the above factors that apply. Each element of a claim can then be weighed up and a valuation produced. The level of road traffic accident compensation we may suggest you aim for is what we believe you might be awarded if the matter were assessed by a judge in court. That amount may not be what you feel you 'deserve', but we must give objective advice on what we think you would receive if a judge were to decide your case. Many claimants do not feel the level of damages awarded under English law is particularly fair or reasonable, but this is beyond our control. We focus on recovering the maximum amount we can within the current legal framework.

How are damages assessed?

Medical experts' evidence is carefully considered alongside your own. We then look to compare your case with previously decided cases that have gone to court - called precedents. By comparing your situation with these similar cases we can give you a reasonably accurate idea of what you could get if your case was heard by a judge and we may also refer to the Judicial Studies Board Guidelines, which are guidelines used by the courts that give broad value brackets for specific types of injury. We would then be able to give you some idea of the likely range of your compensation award and naturally seek a settlement for you at the highest figure possible.

Negotiation and settlement of road traffic accident claims

Once the issue of liability has been resolved, and the necessary evidence proving your claim has been obtained, we would look to negotiate settlement of your claim. You would be involved at every stage to make sure you are fully aware of what is happening. We try to do most of our negotiation with the other party over the telephone and our experience and expertise in personal injury claims means we are adept at securing the best possible awards. Where necessary we will make formal written offers and, if agreement cannot be reached, we may have to issue court proceedings to try and force an increase in the offer being made. In some cases it may be necessary to take the matter to a final hearing for a judge to assess the value of a claim. In those instances we will prepare the case so that you have the best possible chance of achieving the maximum award. Once settlement is agreed, payment will normally be made by cheque. This will be payable to you and sent to you as soon as we receive it.

What to do next

Our goal at Access Legal from Shoosmiths is always to recover the maximum road traffic accident compensation for you, whether through negotiation or issuing court proceedings. We will look at all aspects of your claim and do everything possible to ensure that every item and issue arising from your claim is considered and included in the settlement. Call our helpline on 03700 86 86 86 for a free initial consultation. It's open Monday to Friday 8 am to 8 pm, Saturday 9 am to 6 pm and Sunday 10 am to 4 pm. Calls cost no more than a national rate 01 or 02 number. Otherwise email us or contact us online and we'll be delighted to help.