Accident Claims
We are currently members of MASS (Motor Accident Solicitors Society)
consisting of personal injury lawyers throughout the country specialising
in personal injury claims.
Following settlement of a claim, we do not deduct fees from the
damages awarded, unless the award falls below £1,000. For
claims over £1,000, our fees are recovered from the responsible
party's insurance company. Thus, if you are awarded £2,000
then the cheque you will receive will be £2,000
without deduction. However, if the award is less than £1,000
then since fees will not be recoverable from the third party insurers,
they would be payable by you.
We deal with a variety of claims, including road traffic accidents,
accidents at work, accidents in the street (slips and trips), clinical
negligence, claims against the police etc. Regrettably, Legal Aid
is no longer available for personal injury claims. Cases will be
considered on their merits and, subject to the circumstances, will
normally be dealt with on a No Win No Fee basis. We will discuss
the funding of the claim from the outset, and will record in writing
for you how the case will be dealt with, to ensure clarity.
Amount of Damages
Each case is dealt with on its merits. Medical evidence will be
collated and, subject to the opinion and prognosis, we will be able
to advise you as to the value of your injury. Every case has different
aspects incorporated within the claim, e.g. policy excess, vehicle
repairs, loss of use and inconvenience, loss of earnings, medication
expenses, hire charges, travel expenses, physiotherapy fees etc.
Although the examples below should not be considered as fixed sums,
we have set out a rough guide to the level of damages that could
be expected:
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A whiplash injury that
has lasted up to 3 months
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£1,000 to £1,200
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6 months whiplash
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£1,500 to £1,750
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12 months whiplash
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£2,250 to £2,500
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More than 12 months whiplash
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Over £2,500
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Broken leg
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£6,000 upwards
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Broken arm
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£6,000 upwards
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Fraudulent Claims
Unfortunately the insurance industry has been subject to many fraudulent
claims and many companies are now employing private investigators
to undertake surveillance of claimants. Beware if you are considering
a fraudulent or exaggerated claim you are likely to be caught out!
In a recent case, a man had an accident, which he claimed prevented
him from lifting his arm above his head. However, the insurers disputed
the claim and the matter proceeded to a trial. During cross-examination,
the Claimant showed the Judge that since the accident he could only
marginally lift his arm; the Claimant then proceeded to demonstrate
to the Judge how, pre-accident, he had been able to lift his arm
above his head! Needless to say, the Judge immediately dismissed
the claim and the Claimant was ordered to pay the costs for
the fraudulent claim.
In another case, a man purported to have difficulty in walking
let alone any more vigorous activity. However, video surveillance
evidence showed him with a sledge hammer smashing his front path
and brick wall!
Whose Fault?
While there is no claim without blame, who is at fault may be a
moot point.
If you have had an accident and you wish to receive advice then
please contact us. We will endeavour to advise as to the merits
of your case from the outset.
Article first published February 2004
Last Reviewed April 2007
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