If you should suffer as a result of an accident or due to the action of someone else, it is important to seek advice from us promptly. There are many occasions where delay in being advised about your rights and actions can prejudice your claim. After a certain period has elapsed you may not be able to make a claim at all. Also, it is important to gather essential background evidence and obtain medical reports as soon as practical.
The first element relates to the injuries you have suffered. The sort of matters that this may cover, and the wide nature of the expression "personal injuries", have been referred to above. So as to have the fullest picture of your injuries it will be necessary for Specialist Medical reports to be obtained detailing the exact nature of what has been suffered, how it has affected you and your enjoyment of life and how it may continue to affect you in the future. We can advise you further as to these matters when the need arises.
The second element relates to reimbursement of your expenses or losses arising from the accident. For example:
- Losses arising due to an accident or death caused to a member of your family or a loved one, or someone upon whom you depend in some way. This would include loss of maintenance and financial support.
- Damage to a vehicle or other property or belongings.
- Hire of an alternative vehicle whilst your vehicle is being repaired.
- Loss of earnings due to absence from work or inability to work.
- Medical expenses such as physiotherapy, osteopathy, prescription charges, specialist, etc.
- Expenses relating to altered lifestyle.
There are also many other expenses or losses that may be claimed, including future anticipated losses.
For motor vehicles, insurance against claims is compulsory, and you can make a claim whether you were the driver of the other vehicle involved, or a passenger in the other vehicle, a bystander/pedestrian, or even a passenger in a vehicle the driver of which caused the accident. Naturally these remarks apply even if you are related to the driver responsible.
If for any reason the driver responsible had no insurance or is not traceable you can still make a claim for personal injuries and related losses which will normally be met under special arrangements made by the Motor Insurers' Bureau to protect the victims of uninsured/untraceable drivers. The above comments also apply to losses caused as a result of the death of a loved one or someone upon whom you were dependent.
With regard to accidents at work, there will normally be an employer's insurance policy which can settle your claim. Accidents and negligence in the home, or at someone else's property, will very frequently be covered by standard household or property owner's insurance or other insurance. If this is the case you may even be able to make a successful claim against a member of your own family: for example, if your spouse were to cause an accident. Likewise a child might make a claim if a parent had been responsible. Local and other government department, as well as most businesses and other organisations generally have insurance or funds to cover claims. Moreover, the person or organisation who caused the accident may have adequate assets out of which to meet your claim even if there is no insurance.
Please see: Costs & No Win No Fee Claims
- The articles in these pages are provided for the purpose of background information only. They do not constitute analysis of the law or legal advice to any person. You should consult us expressly for advice and assistance regarding any matters which concern you; and you should not take or fail to take any step merely on the basis of the information provided here and without such advice and assistance.
- The contents of this site are copyright and may not be reproduced without consent.
and Upton upon Severn Worcestershire