Monday 27 February 2012

How do car injury claims work?

Your first thought following a road traffic accident may be to make sure your family and passengers are alright, and to seek medical help if needed. But if the accident was not your fault, your thoughts may turn to car injury claims.

Securing compensation for an accident may sound like a daunting task, but with an experienced injury compensation claims lawyer, you may rest assured that you have someone to champion the cause for you.

The initial phonecall
At Bentley Accident Claims, we take your enquiry seriously from the very beginning. Unlike some other claims companies where your telephone call may be screened through an army of receptionists before you speak to a lawyer, you will be put through to a qualified solicitor who will listen to the details of the accident and assess your case.

When you make this call, it may help if you jot down some notes about the accident beforehand, to jog your memory. Accident compensation claims may be complicated, depending on the nature of your case. So be prepared for a number of questions from your lawyer.

In your notes, you may wish to have to hand information about:
  • where the accident happened;
  • who was driving;
  • what the weather conditions were like on the day that it happened; and
  • whether there are any witnesses who may be prepared to give evidence for you.
You may also need to give some financial information later. This may include details of how much money you have spent on travelling to and from medical appointments and how much your earnings have fallen as a result of having to reduce your hours or have time off work.

What happens next?
Once your details of your accident have been investigated – and if your personal injury solicitor feels that you have a case - the next step is not court, contrary to popular opinion. In fact, the majority of car injury claims may be settled during the period of negotiation that should happen at the start of the procedure.

It may be that the party at fault admits liability straightaway (or more likely, their insurer may decide that the case may not be worth fighting), and that what really needs to be negotiated is the amount that you will receive in damages.

For most of the kinds of injuries sustained in car injury claims, there is a tariff of the level of compensation that may typically be paid out. The exact sum that you end up with may depend on the level of pain you suffered, and whether there were any aggravating factors.

Monday 20 February 2012

Finding a good accident claims solicitor

Being involved in an accident can be frightening. But if the accident was not your fault and has caused you to suffer an injury, you may wish to look around for a good accident claims solicitor. So what kind of qualities should you look out for?

A sympathetic ear
In order to formulate your claim, you may have to tell your lawyer all about your medical history and current state of health. You may also have to disclose details about who your dependants are, and how much you earn.

Given that this is quite personal information, your lawyer needs to have a sympathetic ear. Accident victims react to their injuries in different ways, and you may find that someone who treats you sensitively may make the experience less stressful.

A good communicator
The law involved with the claims procedure may seem as though it is full of jargon. But you need a lawyer who can explain it to you in a clear and concise manner, in language that you can understand. At Bentley Accident Claims we speak your language, and know how important it is that you are comfortable with what is happening at every step of the way.

A specialist in their field
Dealing with accident compensation claims is a specialist area in terms of law and procedures. Accordingly, you may wish to check that your solicitor is a specialist in this field.

A strong negotiator
Your compensation lawyer will represent you in negotiations with the party who was at fault. If the other party admits liability, or does not admit liability but decides to settle the claim, he or she will be responsible for securing an appropriate amount of compensation.

Accordingly, your claims solicitor needs to be a robust character who is able to secure the largest sum possible.

The right funding option for you
Finally, you may be nervous about approaching an accident claims solicitor if you are not sure how the process will be paid for. You may wish to ask your lawyer about a no win no fee arrangement. This is a scheme where the lawyer bears the risk of your claim. So if your claim is not successful, there is nothing for you to pay, but if you win compensation, the party that caused your accident may be responsible for your fees.

Saturday 11 February 2012

Winter injury compensation claims – what is the procedure?

Slipping on snow or ice can just be painful or embarrassing. But sometimes it may be more serious than that, and lead to an injury that causes you serious discomfort for some time. It may even leave you needing time off work and affect your earnings. If this happens, you may wish to look into making injury compensation claims if the slip was due to someone’s negligence:
  • the first thing to do is gather the facts together. As soon as you feel able, you may wish to write a few notes about the incident to ensure that the details are fresh in your memory. If possible, you may wish to take some photographs of the accident site;
  • choose a firm of specialist personal injury solicitors. Injury compensation claims are not mainstream – they require specialist knowledge and expertise which is why you may wish to consider using a lawyer that deals with such claims day in, day out. At Bentleys we have qualified solicitors on hand to talk claimants through the procedure;
  • establish the fee structure. If you have never dealt with lawyers before, you may be concerned about how much it may cost to bring a claim. Your lawyer should explain how the fees work. Typically, if your accident was caused by someone else your fees may be paid by them. And if you are unable to prove that the accident was not their fault, there may not be anything to pay thanks to our no win no fee deals;
  • go through the investigation together. This may seem like “raking over” the details of the accident, but may be necessary to formulate your claim. Depending on the nature of your injury, you may have to get independent medical evidence to support your claim;
  • let the negotiations commence. Once your lawyer has all the facts, the next step is negotiation. If the responsible party admits liability or if the facts involved make it seem unlikely that they will be able to defend your claim, you may find that a settlement may be offered;
  • enjoy your settlement. If your lawyers manage to negotiate a settlement, then you may wish to consider how to invest it prudently; or
  • go to court. Unfortunately, some injury compensation claims may not be capable of settlement. If this is the case, your lawyer will explain to you exactly what is involved in the process. You may have to attend a court hearing and give evidence. But is this happens, you can rest assured that your solicitor will be there for you.

Thursday 2 February 2012

Is winter a key time for accident compensation claims?

In Britain, we are often accused of being obsessed with the weather. But where ice and snow can be mere inconveniences on one hand, when coupled with a property owner’s failure to clear a path or a poor driver’s carelessness, winter weather can bring misery for accident victims. If this happens to you, you may wish to take the following steps when making accident compensation claims:
  • seek medical help. Of course, your top priority after sustaining an injury should be to get in touch with your hospital or doctor as soon as possible. You may be concerned about making a fuss, but if you are in pain you may wish to get treatment straightaway. There is also another reason to do this at your earliest convenience – the medical records from such a visit may evidence the agony that you experienced immediately after the accident;
  • take a photo of the accident site. If you have tripped or fallen due to ice or snow that should have been cleared away, you may wish to have it photographed before it melts!
  • seek legal advice. At Bentley Accident Claims, we are realistic about people’s chances of success. Sometimes, accidents are nobody’s fault and it is not doing anyone a favour for accident claims solicitors to pursue a claim that is unlikely to succeed. However, if someone else was clearly at fault for your accident, we will give you a realistic appraisal of the chances of getting injury claims compensation;
  • get into the habit of keeping receipts. If your claim for compensation is successful, you may be able to claim back some of the costs involved in getting to and from medical appointments, as well as the appointments themselves, if you have to use private practitioners. You may also be able to make a claim for any loss of earnings that you have sustained as a result of the accident, in addition to compensation for the pain and suffering that you have endured;
  • take care of yourself. Sometimes it can be easy to try to push yourself in your recovery, to achieve things before you are ready. But accident compensation claims may be stressful too, and you may wish to take each day at a time to concentrate on getting better. Let your personal injury lawyer worry about your case!