Personal Injury Claims
Did you know more than three million people suffer an injury due to an accident? Accidents can occur at home, work, cars, or outdoors. Accidents do not bring a calling card, happening unexpectedly and causing the injured a lot of money.
Most of the time, the injured party is not at fault, thus giving them the right to ask for compensation. Personal injury law is complicated to comprehend and it is advisable for the injured party to ask for legal advice regarding their case. Pambrook Solicitors can assist you in making a case against the responsible party whether it is an individual or an insurance company.
What are Personal Injury Claims?
A personal injury claim is a legal procedure used to compensate the injured party for the medical expenses and trauma sustained during the accident through no fault of their own. Pambrook Solicitors has successfully defended people who have filed the following personal injury claims:
- Car Passenger Accident Claims
- Bus Passenger Accident Claims
- Motorcycle Accident Compensation Claims
- Cycling and Bike Accident Compensation Claims
- Hit and Run Accident Claims
- Accidents at Work Claims
- Slip and Trip Compensation Claims
- Pedestrian Accident Claims
People who have sustained a personal injury through no fault of their own can claim compensation for general damages or special damages.
What are General Damages?
General damages are compensation for losses encountered after a trial. These types of costs continue after a trial is over. In this instance, the role of the solicitor is to finalize an amount on the losses. Common examples of general damages include:
- Reimbursement for pain and suffering
- Loss of promotion or other prospects
- Difficulty in securing a job
- Inability to perform everyday tasks or hobbies
- Loss of earnings in the future
The amount a person receives depends on the decision of the court based on the aftermath of the accident, its impact on their life, and the extent of their injuries, disability, or symptoms.
What are Special Damages?
Special Damages are compensation for the losses encountered before the trial due to the accident, illness, and injury. Since an exact amount is available, the solicitor has to inform the judge about the expenses that resulted from the accident and the amount they want the responsible party to pay. Common examples of special damages include:
- Prescription drug expenses
- Travel expenses
- Property damage
- Insurance excess
- Special equipment
The task of the solicitor is to prove the claim of the injured party by providing the court with the damages incurred after the accident. The court will then settle on an amount the responsible party has to compensate for to the injured party.
Who Can File a Personal Injury Claim?
People who have sustained an injury in an accident caused by another person’s negligence or who have breached their statutory duty can make a claim. For people, aged 18 and under, the court will appoint a “litigation friend” to their case. In fatal personal injury claims, the financial dependents of the deceased or personal representatives can file a personal injury claim for loss of dependency.
Making a Claim
Consult with a solicitor of your intentions on filing a personal injury claim against another person. Your solicitor will notify the responsible party of your intentions, detailing your account of the accident, the injuries you sustained, and the losses that occurred.
The responsible party needs to address the complaint within fourteen days. By law, the responsible party can take up to three months to investigate the personal injury claim filed against them. Next, they need to send a letter back to you, stating whether they admit to the claim or not.
Both the injured and responsible party must agree on the selection of a medical expert. If possible, your solicitor will try to settle matters out of court. If both of you do not reach an agreement, on your behalf, your solicitor will file a “Claim Form,” informing the court about the details of your accident and submit a medical report, showing where you sustained injuries or state the disease or illness you are diagnosed with.
The Role of the Solicitor in Personal Injury Claims
Pambrook Solicitors will be able to judge:
- The likelihood of you winning the claim
- The compensation amount you are likely to receive
Solicitors will also explain all the legalities involved in the case and ensure you receive the compensation the responsible party owes you.
Call Us Now For Friendly And Expert Advice
Our team can provide expert support and legal advice to help to resolve your legal issues. Call Pambrook Solicitors now on 01217712861 and see how our experts could help you.