Archive for the ‘Road Traffic Accident Claims’ Category

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.

Motor Vehicle Accident Claim Lawyer: Herniated Cervical Disc Whiplash Compensation

Friday, October 18th, 2013

Motor vehicle accident lawyer explains how to claim compensation for a car accident caused when a driver is blinded by the sun causing whiplash neck injuries, a herniated cervical spine, concussion and psychological injury

Car Accident Victim Question

I was returning from work in Blackpool driving along a main road (a residential road) close to where I live in Lytham St Annes on the Fylde coast. I know this road well and the speed limit is 30 mph.

The sun was low in the sky and as I about to pass a side road I noticed a car approach, pause and then accelerate across the give way sign attempting to turn right across my path. I slammed on my brakes, but it was too late and both our vehicles collided.

The driver of the other car got out and apologised profusely explaining that the sun was in his eyes when he looked up in my direction and had not noticed my presence. I appreciate that the winter sun can be quite blinding.

We exchanged details and also those of a pedestrian who had witnessed the accident.

My car was badly damaged, but I managed to get it home which was less than a mile away.

When our cars collided I banged my head on the side window of my car so my head was a little sore.

Later that day I started to experience very bad headaches and my neck and back stiffened up.

I decided to go to hospital and I was diagnosed with concussion and whiplash. X-rays were taken and I was told that the force of the collision from the side had caused a slight herniation of one of my cervical discs.

The following day – I contacted the other driver on his mobile who now appears to have changed his story and said that even though he was blinded by the sun the accident was my fault as I was speeding.

I am extremely annoyed and would like to claim compensation for my neck injuries, herniated disc and concussion together with the repair expense for my vehicle. How can I go about this and what are my chances of success given that he seems to have changed his version of events?

Motor Vehicle Accident Solicitor Response

It is quite clear that the other driver will be found at fault for your accident. Even in his modified version of events he is accepting that he was blinded by the sun and that he must give way to traffic on a main road.

In any event – you have the details of an independent witness who can verify exactly how the accident happened and that you were not speeding.

I anticipate that once the other driver’s motor insurer is contacted liability will be conceded.

The fact that the symptoms of your injuries did not present themselves immediately following the RTA is quite common. Shock of an accident will mask the initial symptoms, which typically first present themselves a few hours after a motor accident.

In any event – you went to hospital and all of your injuries have been diagnosed and properly recorded. The nature of your injuries (whiplash neck injury, a herniated cervical disc and concussion) are entirely consistent with the mechanics of a side on collision.

You should keep a diary on a daily basis of all of your symptoms – both physical and psychological. Quite often with neck injuries symptoms can be deferred to the shoulder and even the hands (pins and needles).

Also – road traffic accidents in which you see a vehicle approach and are powerless to prevent a collision can cause psychological damage, such as shock, travel anxiety, sleepless nights, dwelling on accident events and avoidance of certain situations. In the worst cases this psychological injury can develop into post-traumatic stress disorder.

Be mindful of any symptoms you have and report them to your GP.

The cost of repair of your vehicle can be claimed from the motor insure of the driver at fault as can other expenses and financial losses you might incur, such as: lost income for any time off work, medical expenses (for painkillers, etc.), travel expenses to the hospital and GP, a sum for help in the home provided by friends and family members, etc.

If you would like to speak to me in person free of charge about your accident or wish to commence an online claim for your neck and head injuries click motor vehicle accident claim lawyer.