Accidents do Happen

Accidents can, and do often happen. Most people have been involved in an accident at some time in their lives, either at home or at work, even when shopping or travelling. Of course many accidents occur on roads. Some accidents are simply that, no-one is to blame. Often however, the circumstances surrounding an accident can give rise to a claim for damages and sometimes the victim is not aware that a claim is open.

We can advise you as to whether or not you have a claim. If you have had an accident in which someone may be to blame consult us straightaway. It may well be worth you while!

If you have received unsatisfactory medical treatment this may also give rise to a claim for damages. This is also an aspect fo the law in which we can advise you.

The Basis of your Claim

A claim for damages must be based upon either negligence, breach of contract or breach of statutory duty. Essentially, you must show that you were owed a duty of care, that someone was in breach of that and as a result of the breach you have suffered loss. For example, all motorists owe a duty of care to other road users. If the driver of another car drives carelessly and is in a collision with you, you are likely to have a claim against the other driver for the damge and loss which results.

Responisiblity for an accident can be apportioned between two or more persons involved in it. In contrast with criminal cases where a defendant is either guilty or not, the civil court when dealing with claims for damages can find both parties have contributed to the accident and reduce the claimant's compensation accordingly.

The Amount of your Claim

Damages fall into two main categories:

• General Damages:  cover pain and suffering, loss of amenity and future disablility. They are intended to compensate you for personal injuries. The assessment of general damages is often a difficult matter and medical evidence is required.
• Special Damages: cover your finacial loss arising directly from the accident. This may include loss of earnings, travel expenses, damage to clothes and personal belongings and medical expenses. If you are involved in an accident it is important to keep a note of all relevant matters and receipts for sums expended wherever possible.

You may be unable to work because of your injuries and receive Statutory Sick Pay or other state benifits during your convalescence. Under the terms of the Social Security Act 1989 all or part of the benifits you receive will be deducted from your claim and refunded to the Department of Social Security. The benifit recovery rules are complex and we can advise as to the the impact of this on your case.

The assessment of damages is an important and sometimes difficult aspect of your claim and unless you receive proper advice you may settle for less that you are entitled.

The Conduct of your Claim

In conducting your claim we will advise you as to all aspects. In more complicated cases the advice of a specialist barrister will be required and we can arrange this. We will prepare the necessary papers for the issue of proceedings in either the County Court of the High Court and we will take all the steps on your behalf in those proceedings, if necessary, up to and including the trial.

Frequently your opponent will be supported by an insurance company which will seek to avoid the costs of the trial if at all possible. Most accident claims are settled before or shortly after the issue of court proceedings. Negotiating a settlement of your claim is therefore an extremly important aspect of which we have considerable experience.

How much will it cost?

Our fees will be fair and reasonable based strictly upon the work which we do and will not be a percentage of your claim. In addition, you will be required to meet the cost of certain disbursements including court fees and experts fees.

You may, however, qualify for Legal Aid. This is something we can advise you about. In the first instance, we will discuss your claim free of charge. During this initial half hour interview we can give you some indication as to whether or not you have a good claim and we will advise fully with regard to the availability of Legal Aid.

If your claim is successful you are likely to receive all or most of your legal costs from your opponent or his insurers.

If you are involved in an accident consult us. You may have a claim. We shall act in your interests alone and advise you of your legal rights. We shall negotiate you claim and if necessary pursue the matter in court.