Compensation Claims

Most people are aware that compensation can be payable for injuries sustained in motor accidents, accidents at work etc but many do not claim because they do not appreciate fully what compensation may be available and which types of incident can lead to a successful claim.

Any type of injury or illness whether minor or serious, can result in a legitimate claim for compensation damages if it was caused by the negligence of another party. Even if the injured person is partly responsible, a claim can still be pursued although the damages are likely to be reduced in proportion to the degree of blame.

Compensation can be payable under various headings such as:
1. Pain and suffering
2. Loss of earnings
3. Medical Expenses
4. Other expenses incurred eg transport
5. Costs of adapted transport or accommodation where necessitated by permanent disability
6. Lost or damaged vehicles or property, insurance excess etc.

Damages may be payable for various items and come under two main headings - Special Damages and General Damages.

Special Damages - items which can be accurately quantified eg loss of or reduction in previous earnings, costs of medical treatment , travelling expenses, loss of or damage to property, eg personal effects, insurance excess.

General Damages - these would cover items such as physical injury, pain and suffering or loss of amenity, disadvantage in the labour market, reduction in quality of life.

Other considerations are taken into account such as:

Interest - interest may be awarded on some of the compensation you receive to reflect the time between the claim being made and finally agreed. The rate of interest and the period for which it is payable varies according to the type of damages awarded.

Contributory Negligence - the situation may arise where a person wishing to make a claim for compensation is actually partly responsible for the accident. This is called Contributory Negligence but it does not prevent a claim as long as another party is also partly responsible. In these circumstances the compensation is likely to be reduced in proportion to the Contributory Negligence which the court feels is applicable, or which is negotiated.

Most claims are settled out of court but for those where court action does prove necessary there is a time limit of three years from the date of the accident during which time the action must be commenced. Failure to comply with this limit means that the court has the power to refuse to allow your claim.

There are some exceptions to the these rules :

1. Minors - if you were under 18 years of age at the time of the accident the three year period only commences on your 18th birthday (16th in Scotland).
2. If you were not aware of the injury at the time - this frequently happens in the case of industrial diseases which may develop gradually and not become apparent for some years. In such situations the three year period runs from the time that the claimant became aware of the injury.
3. Mental Disability - where the injured person suffers from a mental disability the limitation period does not commence until the disability ceases. It can be started at any time in the future if the disability does not cease.

The amount of time a compensation claim takes depends on the type of injuries you've suffered and whether or not the other person's Insurer fights your claim. If your claim and injuries are minor/moderate and someone accepts responsibility for your accident straightaway you could get your compensation within 6-9 months. If your injuries are more serious, a settlement may take much longer. This is because, before you claim, you need to be sure you have either fully recovered or know how your injuries will affect you in the future so that we can claim for everything you've suffered although most claims are settled within 12-18 months.

An injured person wishing to claim compensation from a negligent party will either have to fund the legal expenses of the claim himself hoping to recover them from third party, or use a solicitor who operates on a No Win No Fee basis who will only charge his professional fees in the event of the case being won when the fees would usually be paid by the third party as part of the claim.

In the event of a claim you will need the expert advice and assistance of a solicitor in pursuing a claim. The Solicitors Regulation Authority is the independent regulatory body of the Law Society of England and Wales who regulate over 100,000 Solicitors, ensuring they all work to the same professional principles and code of conduct.

Making the right choice of solicitor is a matter you should take careful consideration over to make sure your compensation claim is handled effectively whether it is settled in or out of court.

Ian Hass is owner of Ecompensation, the online marketing arm of Excalibur Solicitors, an experienced UK law firm specialising in all forms of Compensation. Ecompensation handles claims for Accident Types including No Win No Fee Whiplash Injury, Accidents at Work and Car Accident Claims.