If you have been injured in an accident, then you are likely to want to see if you are entitled to compensation, and what you need to do in order to have your claim assessed.
Here’s what you need to know.
How much compensation am I entitled to?
The amount of compensation you will be awarded is dependent on a number of factors, primarily the severity of your injuries and your level of involvement in the accident. For example, if you were involved in a road traffic accident but were not wearing a seatbelt, you would be awarded compensation; however, this would be reduced due to the fact that you were negligent. Compensation can be split into 2 categories:
General damages -These are decided by the court and are paid as compensation for factors such as pain, suffering and loss future earnings.
Special damages – Special damages are awarded as compensation for financial losses up to the date of the court hearing. This could include, for example, the cost of repairing a car or medical expenses.
If you are seeking compensation in the form of a personal injury claim, then the following are the options which are open to you:
Claims assessors – Claims assessors usually take on claims on a ‘no-win, no-fee’ basis. This disadvantage of this is that in most cases, you will not be acted for by a solicitor, which means you could receive less compensation than you would otherwise be entitled to. In most cases, the assessor will usually take a percentage of the final sum which is awarded, so it is important to check the small print before allowing them to represent you.
Taking legal action – Legal action must be taken directly through a solicitor who specialises in your specific type of case. There are strict time limits, so if you plan to do this, you should act as quickly as possible.
Conditional fee agreements – This type of agreement means that the solicitor will receive no fee if you lose the case. However, you may be responsible for the legal fees of the other side, which could potentially leave you out of pocket. This risk is usually covered by an insurance policy.