MBDLaw.co.uk
Contents
Home Page
Legal Topics & Services

Summary of Services
How to find us
Contact us
LLP Registration No
OC309220
Registered in England and Wales

Registered Office
69/70 High Street
Tewkesbury GL20 5LE

Authorised and Regulated by the Solicitors Regulation Authority

Moore Brown & Dixon LLP Solicitors
69/70 High Street, Tewkesbury GL20 5LE : 01684 292341
And at Upton upon Severn, Worcestershire : 01684 592675
Accident & Injury Compensation Claims
Have you been the victim of an accident and suffered a personal injury? If so you may be entitled to claim damages and compensation.
When To Make A Claim
The possibility of making a claim will arise if you have been involved in an accident, and you suffer a personal injury. Note that "personal injury" is quite a wide term and covers much more than just visible physical injuries. It can also include nervous shock and pain, mental disorders, and various medical conditions such as trauma and stress. By way of example, damages have been awarded for trauma and stress suffered by a witness who merely saw someone else being injured. Of course the prospects for your claim are much greater where you yourself were injured in the accident.

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 Other Party's Responsibility
In order to make a claim it is necessary to establish that someone (e.g a driver or your employer etc.) has been at fault. We will assess your prospects of success as to this and advise you accordingly.
How Much Will You Be Awarded?
With any claim you must show that the accident has caused you to suffer personal injury or losses. There are two possible elements involved here, either, or both, of which can be claimed.

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:

  1. 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.
  2. Damage to a vehicle or other property or belongings.
  3. Hire of an alternative vehicle whilst your vehicle is being repaired.
  4. Loss of earnings due to absence from work or inability to work.
  5. Medical expenses such as physiotherapy, osteopathy, prescription charges, specialist, etc.
  6. Expenses relating to altered lifestyle.

There are also many other expenses or losses that may be claimed, including future anticipated losses.

Will Your Claim Be Paid?
In the majority of situations the person or organisation responsible for the injury or loss you have suffered will have insurance cover. For example, in cases involving medical and similar negligence there would almost certainly be insurance or a fund available to meet the claim.

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.

Help And Assistance
Let us advise and help you in making the appropriate claim. We will see that your claim is as straightforward as possible and that you recover the proper amounts due to you.
Legal Costs
We are able to offer a no win no fee scheme and other funding arrangements

Please see: Costs & No Win No Fee Claims

  1. 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.
  2. The contents of this site are copyright and may not be reproduced without consent.
Moore Brown & Dixon LLP Solicitors
Tewkesbury Gloucestershire
and Upton upon Severn Worcestershire