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.

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.

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!

Accident compensation claims - your frequently asked questions

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.

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.

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.

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.