Archive for the ‘Road Traffic Accident Claims’ Category

Car Accident Claim Wales: Whiplash Dislocated Shoulder Concussion PTSD

Wednesday, December 12th, 2012

UK road accident solicitor sets out how to claim compensation for a dislocated shoulder, whiplash neck injuries, concussion, headaches, post traumatic stress following a car accident in Newport in Wales

Car Accident Victim Wales Question

I am a sales person and I do a lot of driving for work. My work place is in Chester and a few months ago I had some appointments arranged in Wales – Wrexham, Aberystwyth, Swansea and Newport.

I set of early in the morning from Chester and had attended my appointments in Wrexham, Aberystwyth and Swansea. I was driving to Newport in the dark approaching Newport town centre I stopped at a set of traffic lights which had just turned red.

I could see in my rear view mirror some head lights in the distance – I had waited for 10 seconds and looked again in my rear view mirror to see two white lights right behind me – instantaneously my car was thrown forward with great force and the next I knew I was being helped from my car by ambulance paramedics who took me to hospital in Swansea.

I understand that a Mercedes white van driver went up the back of my car – he had been using his mobile phone and was distracted. The white van diver had failed to notice my car – a brand new Volkswagen Gold GTI. The collision was with such force my Golf was damaged beyond economic repair, so it has been written off.

I understand that the Mercedes van driver is being prosecuted by the police for driving without due care and attention.

I suffered significant injuries – including a dislocated right shoulder, severe whiplash to my neck and concussion including continuous headaches affecting my ability to work and concentrate for long periods. My job as a salesman requires a lot of driving and concentration.

I believe I might also have PTSD as I am extremely nervous when in a car, even as a passenger – having panic attacks now and recurrent dreams.

How do I go about claiming for compensation for my car accident in Newport and how can I calculate the amounts of average compensation payout I can claim for my dislocated shoulder, whiplash, concussion, headaches and psychological injury?

Road Traffic Accident Solicitor Response

From the facts you have described I believe the issue of liability (who is at fault) seems quite clear. The Mercedes white van driver is being prosecuted and as such the evidence in the police report (the police will have attended in such an accident) will be conclusive in determining his civil liability for your RTA.

As he was a van driver – it is likely he was driving as part of his work and as such the claim would be against the driver and his employers. Either normal motor insurance or workplace motor insurance would cover the liability of the driver. As the driver is not being prosecuted for driving without insurance you can rest assured that a valid policy of motor insurance was in place.

The main issue to resolve in your claim is the calculation of the amount of compensation you can claim for the whiplash to your neck, your dislocated shoulder, concussion and psychological injury.

To make a claim you will need the help of a specialist road traffic accident solicitor who will ensure liability is formally accepted via the Mercedes van driver’s motor insurer.

Thereafter medical evidence will be obtained from an independent orthopaedic surgeon (describing your dislocated shoulder injury, whiplash neck injury, head injury, concussion and headaches) and a clinical psychologist or a psychiatrist (describing your psychological response whether post traumatic stress disorder or some other adjustment disorder following a RTA).

It could be that the dislocated shoulder and whiplash have led to damage to the nervous system. There could also be damage to your head and brain as a result of an impact in the car crash and this could be the reason for the headaches. Headaches can also be as a result of deferred pain from your whiplash and shoulder dislocation injury. It might therefore be necessary to obtain an MRI scan and x-rays together with a report of a neurosurgeon who can comment on damage to the nervous system and brain in a RTA.

The medical experts will also comment on your ability to work and whether this affects your short and long-term earning ability together with any disadvantage on the open labour market.

A specialist solicitor will also include other losses in your claim – such as vehicle damage, medical expenses, care and assistance in the home, travel expenses to hospital and GP.

To see a page I have written setting out calculations for average compensation payouts for the injuries you have suffered click: shoulder dislocation claim payout, whiplash neck injury claim amounts, post traumatic stress disorder calculator.

If you would like to discuss your Newport car accident with me in person or to commence a claim for compensation for a dislocated shoulder, whiplash, concussion and PTSD click Car Accident Claims Chester Wrexham Aberystwyth Swansea Newport Wales.

Fractured Elbow Motor Bike Crash Claim: How Much Average Payout Amounts

Tuesday, November 27th, 2012

UK motor bike accident solicitor sets out how to calculate the average amounts of compensation payout you can claim for a fractured elbow in a motorcycle accident claim

Motorbike crash accident victim question

I was riding my motor bike from Rugby in Warwickshire to Wimbledon in South West London. After passing through Milton Keynes I stopped at a set of traffic lights in Luton when I was hit from behind by a car with great force.

I was thrown into the air and landed on the road snapping my right elbow. The police were called and an ambulance attended.

The car driver admitted he was driving without due care and attention and was prosecuted.

At hospital I was diagnosed with a fractured elbow and I have been off work since the accident – three months so far. I have severe pain in my elbow and have had an operation to insert a rod and pins into my arm.

Would it be in my interest to pursue a claim for my broken elbow now or at a later date and how much compensation can I recover in a compensation payout for a serious fracture to my elbow?

Motor bike accident solicitor response

As the car driver has already been prosecuted by the police for driving without due care and attention – there should be no dispute by his motor insurer on the issue of liability of the car driver for your fractured elbow.

You have indicated that you suffered a serious fractured elbow, but I suspect you might have other injuries, such as bruising and psychological injury. All symptoms should be properly reported to your GP so that any other injuries that you might have suffered are properly treated and recorded.

Click average elbow compensation payouts to see a page I have written setting out the amount of compensation a broken elbow injury can attract.

In addition to compensation for pain – you are entitled to a compensation payout for all financial losses, such as: the cost of repair to your motorcycle (or write off value if damaged beyond economic repair), lost income (both past and future), medical expenses, disadvantage on the open labour market, etc.

In addition to your compensation – your legal costs of using a solicitor to make your motorbike claim can also be charged to the driver at fault

It is best to start a claim now for both fractured elbow personal injury and financial losses – a medical expert will be instructed by your solicitor to properly assess your broken elbow and likely disability.

If you would like commence a claim for your motorbike crash elbow fracture injury or to discuss how to make a claim with me in person click motor bike broken elbow claim amounts.

Dual Carriageway Car Crash Claim: Neck Whiplash Back Broken Finger Injury

Friday, November 23rd, 2012

UK road traffic accident solicitor sets out how to claim compensation for car accidents on dual carriageways with an explanation as to how to calculate the amount of compensation you can recover for injuries using examples of whiplash neck injuries, lower back pain and a fractured finger

Car accident victim question

An Audi estate car drove into the rear of my Renault Megane whilst I was in a queue on a downward hill on a dual carriageway in Barnet in North London. I was travelling to work in Enfield.

My car was thrown forward hitting the car in front of me in the queue.

The Audi driver accepted full responsibility explaining he was distracted on his mobile phone.

The police and ambulance attended.

I was taken to hospital and diagnosed with whiplash to my neck and shoulder, lower back pain and a broken little finger on my left hand.

X-rays were taken, but thankfully there were no broken bones in my spine only a broken little finger.

I am dealing with the Audi driver’s insurance company direct who are paying for my physiotherapy for my neck and back. The car accident was a month ago.

How much compensation should the insurance company offer me for my injuries.  I have never made any claim before.

Road traffic accident solicitor response

The amount of compensation you can recover for pain and suffering is calculated after a medical report from an independent expert has been obtained.

Given that you have suffered whiplash neck injuries, lower back pain and a broken little finger – the most appropriate medical expert would be an orthopaedic surgeon

If you rely on the Audi driver’s motor insurance company to obtain this report – you risk bias in favour of the Defendant and a valuation at a lower level being made.

The expert should be instructed by a solicitor acting on your behalf.

The expert should set out the severity of the whiplash, lower back and fractured finger, as well as how long future symptoms (whether continuous or intermittent) could last.

In addition the medical expert should explore any psychological reaction to the car accident – and recommend a further report if necessary by a clinical psychologist.

In addition to pain and suffering for your injuries – you are entitled to all costs and expenses incurred as a direct result of the accident. This will include: lost income, medical expenses, assistance in the home, travel expenses, etc.

The Audi driver’s motor insurer will also have to pay your legal costs of using a solicitor.

Click neck injury claims to see the page I have written setting out examples of compensation amounts for all manner of whiplash neck and shoulder injuries.

Click back injury claims to discover the compensation payouts for lower back and thoracic spine injuries.

Click finger injury claim to see examples of the amounts of compensation for settlements for a fractured little finger and other finger injuries.

Online specialist solicitor help with car accident claims

If you would like to proceed with a claim using a specialist RTA solicitor or to speak to me in person click dual carriageway car accident whiplash back pain broken finger claim.