Archive for the ‘Road Traffic Accident Claims’ Category

Tenerife Road Accident: UK Claim Back Whiplash Fracture Hand Knee Injury

Thursday, July 14th, 2016

European road accident solicitor explains how to make a compensation claim from the UK for injuries following a road traffic accident in Tenerife, Spain

Car Accident Tenerife Victim Question

I was on holiday with my two children in Tenerife in the Canary Islands, Spain. I hired a car when I landed at the airport in Tenerife and were driving to our accommodation in Las Americas.

I was driving on a main road when a car pulled out suddenly from a side street hitting the front passenger’s side of our car. The car was thrown violently to the side, but I managed to stop before hitting any oncoming vehicles.

We got out of our cars and the police and ambulance attended. The police completed a form at the scene in which the other driver accepted fault – I believe he was using his mobile at the time of collision.

My two sons and I were taken to hospital. By the time we reached hospital I had a stiff neck and shoulders and a painful right hand. My eldest son had lower back pain and a swollen knee. My youngest had neck pain with headaches and tingling in his hands

We were x-rayed and I was found to have whiplash to the neck and shoulders and a fractured bone in my hand. My eldest son had lower back strain and possible ligament damage in his knee. My youngest had serious whiplash neck injuries.

We have now returned to Kent in England where we live – can we make a claim for compensation for our injuries from the UK?

European Road Accident Solicitor Response

As Spain, and so in turn Tenerife, are part of the European Union and you are resident in the UK you have the choice to either make an injury claim in Tenerife using a Spanish lawyer or England with a specialist European RTA solicitor. The EU countries have reciprocal motor insurance agreements required by European law allowing claims to be made from the country of residence so long as that country is within the European Union.

There are primarily two parts to your claim – compensation for general damages and for special damages.

The general damages describe compensation for pain and suffering for your physical injuries (here whiplash, fractured hand, ligament knee damage, lower back injuries) and any psychological injuries (these might present themselves as time goes by and range from travel anxiety to post traumatic stress disorder).

Special damages relate to costs and expenses incurred as a direct result of the accident, such as loss of enjoyment of holiday, lost income, medical expenses, etc. What exactly can be claimed will depend on the country in which the accident occurred.

Even though the claim can be made from the UK – the “law of the land” (the law in the country in which the accident occurred – here Spain) must also be taken into consideration. This can be significant in determining how much compensation can be awarded for pain and suffering and the statutory limitation (how long you have to make a Tenerife car accident claim).

In most European countries the police will attend at the scene and complete forms as you have described, typically showing which driver was at fault. This is important evidence in proving liability for a car accident in Tenerife

Specialist UK road accident solicitor assistance for Tenerife car accident claims

Please note – due to the complexity involved there are a very limited number of UK solicitors with the expertise to deal with car accidents in Tenerife, Spain and other European countries.

If you are considering starting a compensation claim from the UK for a road accident in Tenerife or wish to discuss your potential claim with me in person – please feel free to contact me on my direct dial as shown at the top of this page or complete my online form by clicking Road Accident Claim Tenerife.

Car Accident Compensation: Pain Suffering Financial Losses Legal Costs

Tuesday, December 3rd, 2013

UK solicitor explains the two primary parts to car accident compensation: money for pain and suffering and compensation for financial losses including the obligation of the person at fault to meet the majority of your legal costs

Car accident victim question

I was driving my Ford Focus car on a main road when a driver of a Range Rover came out from a side road. I tried to avoid a collision, but the Range Rover was going too fast and hit me on the front passenger side of my vehicle.

My car was spun violently and I smashed my right hand against the driver’s door. The police and ambulance came to the scene and I was taken to hospital where I was diagnosed with a fracture to my right forearm, and whiplash to the neck and shoulder.

Your website talks about average payout, but is this before or after payment of my losses and expenses?

Also – does the third party pay my legal costs in making a claim?

Road traffic accident solicitor response

There are primarily two parts to every claim following a road traffic accident which are known as general damages and special damages.

“General damages” is the term used to describe the compensation payout for the pain and suffering for the injuries you have sustained (your fractured forearm, whiplash injuries and any psychological reaction). This head of loss is general to all people dependent on the injury sustained as described in an independent medical expert report obtained by a solicitor on your behalf.

The amount claimed is based on judicial guidance from cases previously decided by the courts. This is the average payout to which I refer on my website.

Click compensation payout amounts to see examples of the amounts you could expect recover for injury to different parts of your body.

Special damages are special to you as an individual and describe the costs, expenses and financial losses you incur (clearly this is different for each individual). So long as these are directly related to the accident, reasonably incurred and backed up by medical evidence – such sums can be claimed in addition to the general damages.

Click car accident compensation to see the page I have written giving examples of special damages in a road traffic accident.

In addition to compensation the other party has to pay some of your solicitor’s legal costs.

Since a change in the law on 1 April 2013 the Defendant does not have to pay all the legal costs and as such a deduction of up to 25% from the general damages element of your compensation will be made.

Free specialist solicitor assistance with your car accident compensation claim

Should you wish to discuss your motor accident claim with me in person free of charge or to commence an online claim click car accident compensation fractured forearm whiplash neck shoulder.

When Can Son & Daughter Access Compensation For Death Of Father In RTA?

Saturday, November 16th, 2013

UK solicitor sets out when compensation should be released to son and daughter following a road traffic accident

Road traffic accident victim question

My son and daughter were awarded compensation when their dad was killed in a road accident.

They are 12 and 13 years of age. We have been told that the compensation money will be paid into the Court Funds Office until they are aged 18 years.

Is it possible that they can get the compensation before they are 18 years old?

Road traffic accident solicitor response

Compensation monies offered on behalf of a minor (child under the age of 18 years) must be authorised and retained in court until a child reaches the age of majority (18 years).

Some money can be release before the date if an application to the court is made and the court is satisfied that money is to be used for the educational benefit of the child.

In a fatal accident there are different types of compensation which can be received. I imagine that there will be a sum for a bereavement loss – the pain and suffering for losing their father, which will always be retained by the court.

There is also likely to be a dependency claim – primarily the loss of financial support and fatherly tasks lost. Such sums might be released earlier than the age of 18 years so that the child can be supported until the age of 18 years.

This area of law is quite complex – click fatal accident claim to see the page I have written setting out all of the stages to making a claim following a fatal accident.

Click child injury claim to see the process of claiming compensation for children.

Free legal help with your son and daughter’s road accident claim

Click father killed in road accident son daughter compensation claim to access free online assistance with your claim or to speak to me in person.