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Who are Personal Accident Compensation Claims?
Personal Accident Compensation Claims is a firm, which provides personal injury services and legal expenses insurance throughout the United Kingdom.
Claims, which have been referred to Personal Accident Compensation Claims, are dealt with in a professional and efficient manner. We submit each claim to our network of specialist law firms who have a reputable and substantial experience in personal injury litigation.
What different types of injuries can one claim for?
One does not have to sustain a serious injury to be entitled to compensation. One can be entitled in law to be compensated for any injury arising out of a non-fault accident which you sustain which can include cuts, bruises, soft tissue injuries and whiplash injuries. Please see the Accident Type section.
What is the procedure for submitting a claim?
Kindly complete your personal details and information in
the Claims form found within the site and submit. We will then reply to you
within 48hours. It is a requirement of the Law Society that we inform you
that if and when instructions are accepted by Lupton Fawcett they will pay
to us a referral fee of £350 as a contribution to our overheads, ICT
expenditure and marketing costs.
Is there a time limit on submitting a claim for personal injuries?
Under UK legislation there is a statutory limit of three years from the date of the accident and a claim can be submitted at any stage during this time.
How long does a personal injury claim normally take to settle?
There are a lost of factors and considerations to be taken into account however, it will fundamentally depend on the nature of the injury. In practice and from our experience general injuries, such as whiplash, are generally resolved and settled within a year from the submission date.
Should injuries have to be reported to a GP or hospital?
This is not essential for the litigation process but from our experience it has been proven to be beneficial to have a written record of any injuries sustained with the claimants GP or a hospital.
How can one be legally represented without incurring any legal costs?
The Appointed Panel Solicitor will enter into a Conditional Fee Agreement in relation to their legal costs and an Insurance Policy will be issued to protect the claimant against any further potential costs.
If the claimant is successful the responsible third pays all legal costs party including the cost of the insurance premium. If a claimant is unsuccessful the Insurance Policy covers their costs.
What cover does the Insurance Policy provide?
In the event that a claimant is unsuccessful the Insurance Policy covers any liability in respect of legal costs, disbursements and the cost of the insurance premium.
You receive full cover and will pay no costs, again to reiterate our policy is simple no win no fee.
Who represents the claimant for personal injuries?
Our network of specialist personal injury lawyers represent the claimant.
Can one be compensated for losses other than injuries?
A claimant is entitled to recover any loss, which incurs as a result of an accident including damaged personal items (such as mobile phones and clothes) expenses and loss of earnings.
I thought you could claim for injury at work as of right
In every claim for compensation, the onus of proof is on the Claimant to prove that the employer was negligent or in breach of the law. The Claimant must prove that the injuries were caused by this. In some cases for example Industrial Disease claims, other Claimants have already established the employer’s liability, and the employer’s insurers simply agree to settle claims rather than fight something that has already been proved.
What if my husband/wife was to blame for my injuries?
Some people are uncomfortable making a claim against a friend or relative. However, you should view the claim as a claim against their insurers. Once this is explained to your friend or partner, they usually understand.
Can I claim for back injury if I already have a had back?
You can’t claim for any pre-existing condition, but you can claim for an aggravation of that condition. The purpose of obtaining medical evidence in your claim is to establish exactly what injuries were caused by the accident.
What if the accident was my fault?
The question is, was it all your fault? In some cases, liability is apportioned between the two parties, and you can still claim compensation for the damage caused by the other person.
I had an accident a long time ago? can I still claim?
You have 3 years from the date of the accident or knowledge of the injury in which to claim. If it has been longer than that, you may have lost your right to claim. You need advice to see if anything can be done.
Why do I have to see so many consultants?
You have to prove the injury was caused by the accident. You may need to see an orthopedic surgeon if the injuries relate to bone or muscle injury, you may need to see a plastic surgeon if there has been scarring, and so on. Consultants are specialists and cannot give a medical opinion for something that is outside their area of expertise.
What if it was a hit and run driver?
The Motor Insurers Bureau was set up to help victims of uninsured or untraced drivers. There are limits on the damage you can be compensated for. It is important that you act swiftly, however, the MIB has many rules you must follow to be entitled to claim. For example, you must show that you took all reasonable steps to trace the driver responsible as soon as possible after the accident. You are advised to seek proper assistance.
When should I start my claim?
As soon as possible. There are many reasons for this. You should obtain advice quickly, evidence can disappear memories can fade. Both you and your witnesses will remember the incident more clearly just after the accident. Important advice can be given immediately after the accident that will help with the claim and safeguard your compensation.
What is the procedure?
Conducting a personal injury claim can often be a lengthy and complicated process. However, recent reform of the Courts and the introduction of pre-action protocols mean that the main historical difficulties i.e. costs uncertainty and delay are not now so much of a problem -
The procedures dictate that there should be early exchange of documentation and information between the parties and the time to conclusion is often now months and not years.
The pre-action protocols ask the Claimant of a claim to provide a letter of claim with as much information as possible, thereafter the opposition should respond within three months confirming which issues if any are in dispute. Openness and co-operation is expected.
We are able to properly assess the appropriate levels of compensation negotiate and advise you accordingly, most claims are now settled without the need to take proceedings.
What can I claim………?
The injury you suffer as a result of an accident does not have to be serious before you can claim. Never assume that your injuries are not worth an amount of compensation. We will be able to help value your claim. It is essential however that you have sought medical treatment following the accident to enable your injury to be properly documented.
A compensation claim following an accident can enable you to recover "generaI damages", for the injury. Additionally you may well be entitled to "special damages". They consist of your actual costs and expenses.
GENERAL DAMAGES
General damages are claimed for the “pain and suffering” caused by the injury and additionally can include for example “loss of amenity”, in other words the lost chance for example to pursue a particular hobby or interest through a direct result of injuries sustained.
In addition any handicap on the labour market or loss of “congenial employment” can also be claimed as an item of general damages.
SPECIAL DAMAGES
- 1. EXPENSES.
- Incidental expenses incurred as a direct result of the accident/injury.
- 2. TRAVEL EXPENSES.
- For trips to the hospital, GP for physiotherapy including costs to travel by private car, public transport, taxi, rail fares and or lifts provided by someone else.
- 3. PRESCRIPTION, MEDICATION COSTS.
- Prescriptions, medication, bandages collars etc.
- 4. MEDICAL TREATMENT FEES.
- Expenses for medical treatment directly in relation to the injury caused in the accident, for example, chiropractor, osteopath, physiotherapy.
- 5. CLOTHING. PERSONAL EFFECTS.
- Anything damaged in the accident subject to proof of purchase by receipt or inspection of the items, including jewelry, glasses, shopping etc.
- 6. EQUIPMENT/AIDS.
- Equipment aids or appliances needed by the injured individual as a result of the accident, particularly to improve the individuals quality of life.
- 7. CARE AND ASSISTANCE.
- The costs of care and assistance rendered by friends and relatives even if it is provided voluntarily including personal and domestic care.
- 8. LOST EARNINGS.
- Past or future lost earnings, bonuses and the like for employed or self-employed individuals.
- 9. MOTOR VEHICLE COSTS.
- In a road accident where the Claimant’s own vehicle is damaged special damages can include vehicle value repair or insurance excess, loss of use and/or hire charges, storage and recovery costs.
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