Personal Injury Compensation Claims:
Whiplash
We are all human and thus by definition are imperfect and
are prone to making mistakes. Some mistakes don't cause much if any harm and
can be dismissed with a simple “sorry” to the other personal involved.
There are times however when a mistake can cost you
dearly. The result of which can be a serious accident which can be life
changing. A simple “sorry” from the party at fault won't suffice this time.
What are your options?
Should I Make a Personal Injury Claim?
In the UK, statistics show that although road traffic
accidents are decreasing year on year, whiplash claims for compensation are
increasing. The media has picked up on this and is calling the UK the “whiplash
claims capitol of Europe”. This has added a “stigma” to claiming
for whiplash in the UK. Many people believe that if they claim for whiplash,
they will be associated with a fraudster who is looking to make a “quick buck”.
Unfortunately this can be detrimental to them as whiplash
can be a serious injury which at its worst kind, can leave the person injured
with paraplegia
or quadriplegia (a.k.a. Tetraplegia). You
should not be scared or hesitant of seeking out a specialist personal
injury law firm who can advise you on whether you have a legitimate
claim for whiplash compensation.
Do I need to pay a fee?
It depends on the law firm's policy, however in the UK,
most law firms work on what is called a “no-win-no-fee” basis, which
means that if they don't win your case for compensation, you don't have to pay
them a fee out of your own pocket.
This is known as the Conditional Fee Agreement
(CFA) and means that the fee that you will pay to the law firm would only be
payable after they win your claim and would come out of your compensation
amount. The fee you pay to the firm ranges depending on the firm, however the
average is around 20% in the UK.
What can I claim for?
There are 2 elements involving a personal injury claim for
compensation:
·
1) The type of injuries caused,
·
2) Any out of pocket expenses as a result of the
accident.
The amount you can claim is based on the injuries you have
sustained, and in whiplash the payout in the UK ranges from around £1000-£3000
for minor whiplash, all the way to £97500 for severe whiplash.
The second element is out of pocket expenses due to the
accident. This means you can claim back any income/funds that you would have
received if you weren't involved in the accident. Examples of such losses would
be:
·
Loss of income/earnings from your place of work,
·
Hospital visits and any parking costs that you
have incurred,
·
Medical care/treatment costs that you may have
needed,
·
Additional travel costs that you may have
incurred.
The key to claiming back these costs from the at fault
party would be evidence, such as receipts, pay slips and so forth. These are critical
in reclaiming back the expenses you have incurred which you would otherwise not
have, so make sure you keep the evidence in a safe place to be used by your
legal representation when needed.
Do I need Insurance?
My personal opinion is “better safe than sorry”.
Obviously law firms will choose cases they believe they can win as they want to
get their fees and the client wants to get their compensation. There are
however complex cases that have been lost by the claimant's legal
representatives, which means that the claimant is liable for any costs incurred
during the case.
These costs can be such things as:
·
Medical reports from doctors examining the
injury sustained,
·
Police reports in regards to the accident which
would be used to establish the blame,
These specialist reports come with a cost to the law firm,
which would be reclaimed if the case is successful, but be liable by the
claimant if not.
In order to solve this problem, the claimant or his lawyer
would need to purchase “After the Event Insurance” (ATE) on the
claimant's behalf. This type of insurance is, as the name suggests, cover for
after the event (accident) in case the claimant is not successful in their
quest for compensation.
This insurance would cover any costs incurred by his legal
representation (such as the costs mentioned above also known as disbursements)
and would mean that the claimant would be safe in the knowledge that they would
not be liable for any costs incurred during their case for compensation.
You are advised to check whether you already have ATE
cover with an existing insurance policy, such as your motor vehicle insurance
cover.
This is a guest post by John Jones, managing director of Personal Injury
Solicitors Manchester UK
