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.
Car Accident Compensation
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.
