If as a U.K. resident you have been injured as a consequence of somebody else's negligence, you are able to make a claim for financial compensation for those injuries.
Compensation can be claimed for injuries sustained in a road traffic accident as either a driver or passenger; compensation is also available for those injured at work or in a public place.
Qualifying injuries can be as minor as soft tissue damage to neck and shoulders caused by whiplash, up to very substantial injuries involving broken bones or severed limbs!
If you have been injured and want to know if your claim will succeed, you should first have your 'claim' assessed by a firm of solicitors that will act for you on a 'No win, No fee' basis.
No Win, No Fee!
Assessment of your potential claim costs you nothing; as does making a claim using a 'No win, No Fee' agreement, just as long as you stick to the rules!
No Win, No Fee agreements are known as Conditional Fee Agreements (CFA's), this is a legally binding agreement between you and the solicitor acting for you and contains conditions regarding what your solicitor requires of you during the claims process.
The requirements are not too demanding, in fact all they require is common-sense such as, a claim cannot be fraudulent and you are required to cooperate at all times.
Who do you claim against?
The claim is made against the insurer of the third party that caused the injury. Upon entering into a CFA, your solicitor will send details of your claim to that insurance company and in the majority of cases, will agree a level of compensation on your behalf; this is commonly known as the 'Streamline Process.'
However, if the insurer does not accept liability and your solicitor believes that you have a solid and genuine chance of winning, the claim will go into the 'Civil Procedures' process which ultimately, will go to court for the two sides to argue your case.
Many, many claims never reach this level because of the sheer cost of bringing such an action, but in the event that your solicitor were to recommend this course of action and you LOST, it will still not cost you anything!
What can you claim for?
Under the terms of the compensation scheme, you can claim financial compensation in addition to your injuries, for any out of pocket expenses that you have incurred, loss of income (very important for the self-employed) and damage to clothing and personal items.
Where the injury is substantial and you require a Carer to look after you, these costs too can be recovered, as well as costs for any medical treatment you have received, such as physiotherapy.
How much can I claim?
If once you have completed the Claims Assessment questionnaire and we believe that you have a genuine claim that has a good chance of being successful, you should make a claim.
The level of compensation is dependant on the severity of the injury, but it is fair to say, that you can expect compensation for what you consider to be a minor injury.
Claim levels, for the most basic 'qualifying' injury start at a £1,000.00 and can go as high as £29,000.00 per injury; where the claim is for something such as medical malpractice, the level of compensation can reach astronomic levels - but in the greater majority of cases the level of compensation will be as laid down in the rates table.
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