Here are some questions relating to accident compensation claims that we sometimes hear from our clients:
- can I claim compensation? That depends upon the nature of the circumstances surrounding the accident but if you believe that you were not personally liable for it then you may well be entitled to appropriate compensation from the responsible party;
- how do I go about claiming? The first step is to take expert legal advice from fully qualified personal injury solicitors such as ourselves. We will perform an initial assessment to see whether or not you may be eligible to instigate an accident compensation claim;
- what happens if the other party disputes my claim? At Bentley Accident Claims, we will always seek to achieve a negotiated and amicable settlement (including appropriate compensation) on your behalf, however, in some cases that may involve legal proceedings;
- can you guarantee success? No, we cannot guarantee the outcome of a legal process in advance but what we can guarantee is that if we do not succeed in obtaining compensation for you, we will not charge any fees;
- how much will a claim cost me? Even if you win, your legal representatives’ fees will typically be met by the other party and they will not affect in any way the amount of any damages you are awarded (in some accident compensation claims under the Scottish legal system, there may be technical differences in terms of the application of this);
- how much will I be able to claim? That will obviously depend on the nature of your accident and the severity of your resulting injuries, however, the law provides for just compensation and your legal team will be experts in quantifying the amounts that you may be due;
- will I need to provide medical evidence? Once again, it is not easy to give generalised answers as so much may depend on the exact circumstances of your individual case and the other party’s response to your claim. However, as a general rule, medical evidence supporting the extent of your injuries and any required treatment, may only help your claim. In some cases, you may be required to see an independent medical professional who will provide a report as to the extent of your injuries etc;
- how long will it take? As you may have guessed, the only possible answer to that is that it depends upon the circumstances. The key factor may be whether or not the other party accepts, and their liability or not. If they do not, that may involve full legal proceedings, which will inevitably take longer than an amicable solution;
- do I have to claim immediately after the accident? No, you may lodge accident compensation claims up to three years after the event (there may be certain special exceptions) but it may be important that you have facts to hand. Try to ensure that original documentation, medical records and witness statements, if applicable, are all safely stored away and ready for use if required.
Monday 30 January 2012
Friday 27 January 2012
A typical car accident claim
In one sense, there is no such thing as a typical car accident claim.
The circumstances surrounding every accident are likely to be different and the results may similarly vary from being trivial, up to potentially life-changing for any of the parties involved.
Yet there is one basic principle that may apply to all such incidents - if you have suffered injuries as a result, you may be entitled to personal injury compensation.
Of course, not everyone injured in a motor vehicle accident will ultimately be eligible for compensation. There may be a number of circumstances that need to be taken into consideration, including whether or not you were responsible for the accident yourself.
Assuming that was not the case though, if you suffered injuries that resulted in a quantifiable impact on your life then it may be possible to look to the responsible party for just compensation.
The nature of the compensation and the amount payable will obviously be related to the severity of your injuries and how significant were any impacts on your life. Qualifying injuries may range from whiplash and relatively minor but temporarily incapacitating bruising/muscular problems up to potentially permanently disabling conditions.
Assessing the amount of the compensation you may be due is complicated and one that is the domain of specialised accident lawyers such as ourselves.
At Bentley Accident Claims, we will initially seek to understand the circumstances of your accident so as to judge whether we believe you have grounds to progress a claim. If we believe that to be the case, we will then work with you to try to understand and quantify the effects the accident has had upon you.
Broadly speaking, this involves looking at the physical and psychological distress you may have suffered as a result of your injuries and then looking at the related but separate area of the financial impacts on your life. For example, if you are unable to work and earn income for a period of time due to your injuries, this will need to be factored into the amount of compensation you seek.
Obtaining the compensation due in a car accident claim, may or may not sometimes be relatively straightforward. The other party (possibly through their own legal advisers) may accept liability and the matter is then resolved by process of negotiation surrounding a just sum.
At times, liability may be disputed, in which case your specialist solicitors may need to progress legal action on your behalf through the courts. We will operate for you on a no-win no-fees basis.
You may be able to make a car accident claim up to three years after your accident. This may be something that becomes necessary, as the duration and longer-term effects of your injuries are sometimes not clear in the immediate aftermath of an accident.
The circumstances surrounding every accident are likely to be different and the results may similarly vary from being trivial, up to potentially life-changing for any of the parties involved.
Yet there is one basic principle that may apply to all such incidents - if you have suffered injuries as a result, you may be entitled to personal injury compensation.
Of course, not everyone injured in a motor vehicle accident will ultimately be eligible for compensation. There may be a number of circumstances that need to be taken into consideration, including whether or not you were responsible for the accident yourself.
Assuming that was not the case though, if you suffered injuries that resulted in a quantifiable impact on your life then it may be possible to look to the responsible party for just compensation.
The nature of the compensation and the amount payable will obviously be related to the severity of your injuries and how significant were any impacts on your life. Qualifying injuries may range from whiplash and relatively minor but temporarily incapacitating bruising/muscular problems up to potentially permanently disabling conditions.
Assessing the amount of the compensation you may be due is complicated and one that is the domain of specialised accident lawyers such as ourselves.
At Bentley Accident Claims, we will initially seek to understand the circumstances of your accident so as to judge whether we believe you have grounds to progress a claim. If we believe that to be the case, we will then work with you to try to understand and quantify the effects the accident has had upon you.
Broadly speaking, this involves looking at the physical and psychological distress you may have suffered as a result of your injuries and then looking at the related but separate area of the financial impacts on your life. For example, if you are unable to work and earn income for a period of time due to your injuries, this will need to be factored into the amount of compensation you seek.
Obtaining the compensation due in a car accident claim, may or may not sometimes be relatively straightforward. The other party (possibly through their own legal advisers) may accept liability and the matter is then resolved by process of negotiation surrounding a just sum.
At times, liability may be disputed, in which case your specialist solicitors may need to progress legal action on your behalf through the courts. We will operate for you on a no-win no-fees basis.
You may be able to make a car accident claim up to three years after your accident. This may be something that becomes necessary, as the duration and longer-term effects of your injuries are sometimes not clear in the immediate aftermath of an accident.
Sunday 22 January 2012
How to claim compensation
If you have suffered personal injury as a result of an accident that you believe was the responsibility of another party, then you may be wondering how to claim compensation.
At or near to the event itself
The first step is to ensure that you are in possession of all of the facts relating to your accident. That is not quite as intimidating as it may sound - you simply need to be clear as to when and where it happened and the circumstances leading up to it.
It is a fact of life that human memory may be liable to become hazy on points of detail over time, so it might be advisable for you to make some personal notes on the key circumstances and facts, as close to the actual event as possible. (Also, see our Top Tips below).
If anyone witnessed the accident, it might be useful if you are able to record their name and address and a brief summary of what they saw and believe happened.
Finally, it might also be useful for you to keep notes of any medical treatment or help you received at the time the accident took place - and on an ongoing basis.
Some of these things may not be essential in order for you to progress accident claims, however, the more information you have available to support your position, the easier it may be for us to obtain just compensation on your behalf.
Afterwards and ongoing
In some cases, the responsible parties may accept their liability. In other situations, unfortunately, they may be less inclined to do so.
In either situation, you may need professional help to progress your claim.
In the case of people that accept liability, there may be a tendency for them to seek to minimise the cost implications in terms of the compensation they pay. Professional help in this area may allow you to quantify what you may be due by way of claims compensation.
In the case of disputed liability, you may need expert legal help in order to obtain a judgment in your favour.
That is where a no-win no-fee arrangement with an organisation such as Bentley Accident Claims may be able to help you to understand both how to progress a disputed claim for compensation and more importantly, to achieve it.
TOP TIPS
- Some people carry around a throwaway camera in their glove compartment in case of witnessing or being involved in a road traffic accident.
- Dating any photographic evidence may always be useful. So, if you trip or slip on a faulty pavement for example, get a newspaper for that day and take a photo with the date of the paper and headline visible.
- Similarly, if you twist your foot on a deep pot hole, taking a photograph evidencing the depth (such as showing a ruler) may be useful.
At or near to the event itself
The first step is to ensure that you are in possession of all of the facts relating to your accident. That is not quite as intimidating as it may sound - you simply need to be clear as to when and where it happened and the circumstances leading up to it.
It is a fact of life that human memory may be liable to become hazy on points of detail over time, so it might be advisable for you to make some personal notes on the key circumstances and facts, as close to the actual event as possible. (Also, see our Top Tips below).
If anyone witnessed the accident, it might be useful if you are able to record their name and address and a brief summary of what they saw and believe happened.
Finally, it might also be useful for you to keep notes of any medical treatment or help you received at the time the accident took place - and on an ongoing basis.
Some of these things may not be essential in order for you to progress accident claims, however, the more information you have available to support your position, the easier it may be for us to obtain just compensation on your behalf.
Afterwards and ongoing
In some cases, the responsible parties may accept their liability. In other situations, unfortunately, they may be less inclined to do so.
In either situation, you may need professional help to progress your claim.
In the case of people that accept liability, there may be a tendency for them to seek to minimise the cost implications in terms of the compensation they pay. Professional help in this area may allow you to quantify what you may be due by way of claims compensation.
In the case of disputed liability, you may need expert legal help in order to obtain a judgment in your favour.
That is where a no-win no-fee arrangement with an organisation such as Bentley Accident Claims may be able to help you to understand both how to progress a disputed claim for compensation and more importantly, to achieve it.
TOP TIPS
- Some people carry around a throwaway camera in their glove compartment in case of witnessing or being involved in a road traffic accident.
- Dating any photographic evidence may always be useful. So, if you trip or slip on a faulty pavement for example, get a newspaper for that day and take a photo with the date of the paper and headline visible.
- Similarly, if you twist your foot on a deep pot hole, taking a photograph evidencing the depth (such as showing a ruler) may be useful.
Wednesday 18 January 2012
Icy slips and accident claims solicitors
Now we are in the depths of Winter, walking on icy pavements can be a real hazard and you may even know someone who has slipped on an icy spot and suffered from a personal injury. So, if this happens to you, what next? Depending on how bad your injury is, you could end up unable to work for a while (maybe suffering from a reduced wage). You may also have to deal with trips to doctors, hospitals etc, as well as the pain. So, can accident claims solicitors help?
Each case is unique, so will need to be looked at individually. However, the most important thing to do if you have a slip, is to see a medical professional immediately. They can then properly assess the injury and start you off on the road to recovery. Not only that, but the personal injury is then verified, should an accident claims solicitor feel that you have a justified reason to claim compensation.
Accident compensation claims - can you claim compensation for an icy slip?
If you suffer anything other than a trivial accident, you may have to live with the effects for days, weeks, months or even years - those effects may be physical in the sense of pain and disability (temporary or permanent) which negatively affect your quality of life but they may also be financial in that they impact your ability to work or your day-to-day living costs.
The law accepts that if you suffer such affects, as a result of a third party, you may have the right to demand appropriate compensation. There is little doubt, however, that sometimes accidents happen which are no one’s fault. If we feel however that you have suffered an injury due to the negligence of another individual or company, we will look to seek personal injury compensation for you.
Of course, not all accident compensations claims are guaranteed to be successful – and sadly there may be genuine cases where people make a claim for loss or earnings etc and they are unsuccessful. That is why accident claims solicitors such as ourselves won’t waste your time or give you false hope if we think your compensation claim will not go anywhere. Rather, we will endeavour to objectively assess your individual situation and offer you our professional advice as to whether or not you have grounds to progress your case.
Each case is unique, so will need to be looked at individually. However, the most important thing to do if you have a slip, is to see a medical professional immediately. They can then properly assess the injury and start you off on the road to recovery. Not only that, but the personal injury is then verified, should an accident claims solicitor feel that you have a justified reason to claim compensation.
Accident compensation claims - can you claim compensation for an icy slip?
If you suffer anything other than a trivial accident, you may have to live with the effects for days, weeks, months or even years - those effects may be physical in the sense of pain and disability (temporary or permanent) which negatively affect your quality of life but they may also be financial in that they impact your ability to work or your day-to-day living costs.
The law accepts that if you suffer such affects, as a result of a third party, you may have the right to demand appropriate compensation. There is little doubt, however, that sometimes accidents happen which are no one’s fault. If we feel however that you have suffered an injury due to the negligence of another individual or company, we will look to seek personal injury compensation for you.
Of course, not all accident compensations claims are guaranteed to be successful – and sadly there may be genuine cases where people make a claim for loss or earnings etc and they are unsuccessful. That is why accident claims solicitors such as ourselves won’t waste your time or give you false hope if we think your compensation claim will not go anywhere. Rather, we will endeavour to objectively assess your individual situation and offer you our professional advice as to whether or not you have grounds to progress your case.
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