A seriously injured client - whether a brain injury, spinal cord injury or traumatic amputation - has maintained a life-changing event. They need substantial assistance and support to adapt to changing circumstances and the loss of his previous life. Thompson's lawyers have acknowledged that such severely injured clients have specific needs and has a national unit to look specifically for serious injuries after those needs. This unit consists of lawyers with experience, knowledge and compassion needed to deal with customer complaints seriously injured and as a result, are more than legal counsel.
The reality is that it will take some years before a final agreement in personal injury claims, when a client has suffered a brain injury, spinal cord injury or traumatic amputation. The reports must be obtained from a number of medical experts and other experts may be necessary as the care and housing experts to support a claim. These experts want to wait for an injury to a client that has been established and see how they have adapted to changing circumstances before they can give their final opinion. A claim will be assessed according to the final opinion of the experts and is generally not recommended to settle a lawsuit until it is available.
Immediate Needs
Thompson Unit attorneys "serious injury clients recognize that their needs are seriously injured to be met immediately, before your claim is settled. These refer to the financial needs and rehabilitation.
1. Financial Needs
Money is the main concern of seriously injured clients and their families. Often there is a shortage of money after a serious accident for two reasons. First, a seriously injured client will not be able to work for some time after the accident and may have sustained loss of income. Often their partners or family members will also have to leave work to care for seriously injured clients that can result in more lost revenue. Mortgage payments, bills and expenses will still have to be paid. Secondly, there will be additional expenses after an accident. For example, travel costs to hospital, while the parking fees and food in the hospital. Can also be the cost of new clothing and aids and equipment for the customer seriously injured.
Serious Injuries Unit will look at the benefits you receive to ensure that all appropriate benefits of social security have been claimed and have been granted. We will assess whether other sources of legal assistance are available and appropriate.
Provided that the liability is not a major problem in law firm specializing Thompson will get a payment on account of its customers seriously injured. This is usually with the consent of the other, but if you need an application be made to the court. A payment on account is a prepaid payment of final settlement. An advance payment may be a considerable sum and it is common that more than a deposit to pay on a claim from a customer seriously injured.
2. Rehabilitation
Rehabilitation is very important and beneficial for the recovery of a customer injury. The rehabilitation includes treatment, support and assistance to help a seriously injured client with the hospital, treatment for their injuries or illness and hopefully a return to employment. It is recognized that in terms of rehabilitation earlier the intervention, the better the results.
How should you evaluate?
An immediate needs assessment will be conducted at the first opportunity to explore the nature and extent of rehabilitation required. This is an evaluation conducted by a case manager. The Case Manager will assess the immediate needs and make recommendations about how to be fulfilled. The other part will be asked to pay for these recommendations. These recommendations include the following subjects;
a. Treatment
The case manager will have the knowledge of experts to assess the quality of treatment given, how they can improve and what treatment is required for the future. Subsequently, the Case Manager link with the NHS to ensure that the best treatment is received and also to see what treatment is available privately. We have acted for a client with a spinal cord injury, where it was identified that requires a specific type of physiotherapy treatment. This was only available in private funding was obtained from the other party to pay for it. Customers who have suffered brain injuries may require treatment for neuropsychologists and speech therapy specialists, for example.
b. Attention
The establishment of care plans is inevitable in such cases. There will be a limited package available on the NHS. A package of private care is usually required. The Case Manager can identify what is needed and help put this in place. This assistance may include identifying and interviewing the caregivers and monitoring their performance. 24-hour care can be arranged for clients the most seriously injured.
c. Aids and equipment
This depends on the specific customer needs seriously injured. A customer with either a spinal cord injury or traumatic amputation will have difficulties in mobility and his team will have to be purchased to help with this. This includes specialized wheelchairs, beds of rotation and mobility scooters, for example. Was identified in an assessment of the immediate needs of a client who had suffered a brain injury had ongoing problems with his memory. That comes with a neuropager is a memory device that reminded him - for example - when he was to attend appointments or take their medicine.
d. Accommodation
Where the mobility of a seriously injured client has been compromised, as in the case of a spinal cord injury or traumatic amputation of the adequacy of existing premises will be assessed. It is possible that adjustments may be done to ensure that the property is suitable, for example by adding ramps or railings. Moreover, the existing property may not be suitable and adequate alternative accommodation will be identified and acquired. Thompson's attorneys were able to secure an interim payment of £ 750,000 for a client with a spinal cord injury in the five months of his accident. This enabled him to acquire, adapt and extend a bungalow.
e. Transport
Usually there is an immediate increase in transportation costs and an interim payment can be secured to cover the costs of this. Long term client can not seriously injured be able to drive again for a while. In many cases we have been able to secure a taxi account paid by the other side to bring the client to appointments of several that will attend. Driving lessons can be arranged for the couple in the patient that should be needed. Seriously injured when the client is able to resume driving a car for mobility may be necessary. You can get assistance to locate and finance a car for your needs.
f. Case Management
This puts them out of the immediate needs of a typical customer demand seriously injured. There will be other specific customer needs. Much has to be done quickly. This is already a stressful time for the injured client, partner and family. It is vitally important to instruct a case manager as soon as possible as soon as possible after assessing the immediate needs of working families to facilitate these needs.
Friday, September 2, 2011
About Personal Injury Compensation Claims and what you can claim for
When somebody is injured in an accident they are entitled to claim accident compensation for their injuries & financial losses provided it can be shown that somebody else was to blame & that their negligence caused the injuries. In some cases this is straightforward. Often this is not the case & proof has to be obtained to show the negligence.
This can involve obtaining witness proof, accident documents, & in some cases the early intervention of an professional engineer or other appropriate professional is necessary.
Interim payments can be applied for to cover this, although this can be more difficult if there is a significant dispute as to who was to blame.
In a successful case compensation will consist of damages for pain & suffering, loss of earnings to date, future loss of earnings, the cost of care provided by relatives members, relatives members� reasonable expenses visiting the injured person, the cost of care, past & future, the cost of specialist rehabilitation, the cost of house adaptations, disability equipment, the cost of a case manager.
All these things in extreme cases are necessary to restore a reasonable quality of life to the injured person & can add up to a significant sum of compensation. Compensation in these cases is not some kind of windfall or lottery win but the sum that is necessary to enable the injured person to have a reasonable quality of life.
Compensation can be paid in a considerable number of ways; either a lump sum, or a combination of lump sum & periodic payments. In some cases variable periodic payments. They will advise you on the various options at the appropriate time.
This can involve obtaining witness proof, accident documents, & in some cases the early intervention of an professional engineer or other appropriate professional is necessary.
Interim payments can be applied for to cover this, although this can be more difficult if there is a significant dispute as to who was to blame.
In a successful case compensation will consist of damages for pain & suffering, loss of earnings to date, future loss of earnings, the cost of care provided by relatives members, relatives members� reasonable expenses visiting the injured person, the cost of care, past & future, the cost of specialist rehabilitation, the cost of house adaptations, disability equipment, the cost of a case manager.
All these things in extreme cases are necessary to restore a reasonable quality of life to the injured person & can add up to a significant sum of compensation. Compensation in these cases is not some kind of windfall or lottery win but the sum that is necessary to enable the injured person to have a reasonable quality of life.
Compensation can be paid in a considerable number of ways; either a lump sum, or a combination of lump sum & periodic payments. In some cases variable periodic payments. They will advise you on the various options at the appropriate time.
What you need to know about bringing a compensation claim for catastrophic injury
Serious abrasion or adverse abrasion is a actual specialist breadth so it is important that your adviser has specific acquaintance in this field. At Thompsons, we accept the akin of admonition and acquaintance that you will need.
You may be able to seek advantage in a ambit of diplomacy and we acclaim that you allege with one of our specialist claimed abrasion attorneys if you are not sure. Austere injuries for which we accept recovered advantage for our audience awning Brain and Analgesic Injuries, Astringent Burns or Scalds, Loss of Sight and Amputations.
Legal activity accept to be commenced aural three years of the date you aboriginal knew, or could analytic accept been accepted to know, that you accept suffered an abrasion acquired through anyone else's fault. Different rules administer to accouchement and to humans who are butterfingers of administration their own affairs.
You should appointment a specialist adverse abrasion adviser as anon as accessible back there is a all-inclusive bulk of plan to be done afore bringing a advantage claim.
We will charge to access abounding data of the blow and how it occurred. Supporting attestant affirmation and affidavit will charge to be acquired and considered. It is generally the case that we will wish actual aboriginal medical assessments in adjustment to asses what specialist medical abetment may be appropriate and what antidotal abutment may be available. In some cases it is all-important to administer for an acting transaction to awning the amount of these. Specialist affliction may be appropriate and generally the amount of this can be covered by an acting transaction either fabricated voluntarily by the insurer or by Court order.
Negligence has to be accepted irrespective of the akin of abrasion caused. However, generally in austere abrasion cases, because the abeyant akin of amercement is traveling to be actual high, allowance companies will do aggregate they can to abjure accountability or to altercate that the afflicted being contributed to the blow and that amercement should accordingly be reduced.
As able-bodied as proving negligence, it is all-important to prove that the injuries and the disabilities arising from the blow were a aftereffect of that negligence.
In adverse abrasion cases, the injuries are astringent and it may be some time to authorize the abounding admeasurement of disability. There are acceptable to be a amount of injuries alignment from fractures, arch abrasion and analgesic bond damage. We will acquaint specialist medical experts to appraise these. In accession there may be and aboriginal charge for specialist rehabilitation, calm and medical care, affliction aids and abutment for ancestors carers.
The amount of all this can be claimed provided it can be apparent to be analytic all-important and of account to the superior of activity of the acclimatized person.
You may be able to seek advantage in a ambit of diplomacy and we acclaim that you allege with one of our specialist claimed abrasion attorneys if you are not sure. Austere injuries for which we accept recovered advantage for our audience awning Brain and Analgesic Injuries, Astringent Burns or Scalds, Loss of Sight and Amputations.
Legal activity accept to be commenced aural three years of the date you aboriginal knew, or could analytic accept been accepted to know, that you accept suffered an abrasion acquired through anyone else's fault. Different rules administer to accouchement and to humans who are butterfingers of administration their own affairs.
You should appointment a specialist adverse abrasion adviser as anon as accessible back there is a all-inclusive bulk of plan to be done afore bringing a advantage claim.
We will charge to access abounding data of the blow and how it occurred. Supporting attestant affirmation and affidavit will charge to be acquired and considered. It is generally the case that we will wish actual aboriginal medical assessments in adjustment to asses what specialist medical abetment may be appropriate and what antidotal abutment may be available. In some cases it is all-important to administer for an acting transaction to awning the amount of these. Specialist affliction may be appropriate and generally the amount of this can be covered by an acting transaction either fabricated voluntarily by the insurer or by Court order.
Negligence has to be accepted irrespective of the akin of abrasion caused. However, generally in austere abrasion cases, because the abeyant akin of amercement is traveling to be actual high, allowance companies will do aggregate they can to abjure accountability or to altercate that the afflicted being contributed to the blow and that amercement should accordingly be reduced.
As able-bodied as proving negligence, it is all-important to prove that the injuries and the disabilities arising from the blow were a aftereffect of that negligence.
In adverse abrasion cases, the injuries are astringent and it may be some time to authorize the abounding admeasurement of disability. There are acceptable to be a amount of injuries alignment from fractures, arch abrasion and analgesic bond damage. We will acquaint specialist medical experts to appraise these. In accession there may be and aboriginal charge for specialist rehabilitation, calm and medical care, affliction aids and abutment for ancestors carers.
The amount of all this can be claimed provided it can be apparent to be analytic all-important and of account to the superior of activity of the acclimatized person.
More than just a legal service – what is the Thompsons Serious Injury Unit?
If you plan with our Austere Abrasion Unit you will accept added than just a aggregation of attorneys angry your case. At Thompsons, we accept led the way in accepting advantage for austere injuries back the 1970s.
We set up our Austere Abrasion Unit to accompany calm the a lot of specialist claimed abrasion attorneys with medical and affliction experts to action for amends for the a lot of actively afflicted victims of accidents.
Our Austere Abrasion Unit is advance by a bulk of awful accomplished partners, some of whom accept over 26 years ability in ambidextrous with claimed abrasion claims.
Our primary cold is consistently to defended the best advantage for our audience in the beeline accessible time and we accept becoming a acceptability for demography on cases and acceptable area little anticipation of success seemed the situation.
In 1987 one of our lawyers, Steve Allen accomplished a battleground settlement, getting the accomplished anytime adjustment at the time, of £850,000 for a academician abrasion acquired by inhaling fumes. It was aswell one of the aboriginal cases to cover a advantage affirmation for care, mobility, adaptation needs, computer and affliction equipment.
Since then, and as medical science and technology accept advanced, the bulk of austere abrasion cases has added forth with the bulk of advantage obtained. In 1994 we accomplished the accomplished anytime accolade at the time for a alley cartage blow victim in the sum of £3.4 million. Back again Thompsons accept acclimatized abounding austere abrasion cases consistent in awards of advantage from one hundred thousand pounds to multi-million batter settlements.
It is every lawyer’s job to accommodate the best accessible acknowledged admonition to his or her client. This is area acquaintance absolutely counts. There may appear a time if you will charge your advocate to admonish as to whether you should achieve or abide to action for a college award. This is area it pays to accept complete advice.
If you would like to altercate what affectionate of account we can action you or anyone you apperceive amuse buzz us on 08000 224 224 or complete one of our online claimed abrasion advantage affirmation forms. We will accommodated you to altercate your bearings and how we can advice you.
You will be beneath no obligation to acquaint us but if Thompsons Solicitors do accord with your affirmation you will accumulate 100% of the advantage awarded to you and we will balance our acknowledged fees from the being amenable for your abrasion or their insurers.
We set up our Austere Abrasion Unit to accompany calm the a lot of specialist claimed abrasion attorneys with medical and affliction experts to action for amends for the a lot of actively afflicted victims of accidents.
Our Austere Abrasion Unit is advance by a bulk of awful accomplished partners, some of whom accept over 26 years ability in ambidextrous with claimed abrasion claims.
Our primary cold is consistently to defended the best advantage for our audience in the beeline accessible time and we accept becoming a acceptability for demography on cases and acceptable area little anticipation of success seemed the situation.
In 1987 one of our lawyers, Steve Allen accomplished a battleground settlement, getting the accomplished anytime adjustment at the time, of £850,000 for a academician abrasion acquired by inhaling fumes. It was aswell one of the aboriginal cases to cover a advantage affirmation for care, mobility, adaptation needs, computer and affliction equipment.
Since then, and as medical science and technology accept advanced, the bulk of austere abrasion cases has added forth with the bulk of advantage obtained. In 1994 we accomplished the accomplished anytime accolade at the time for a alley cartage blow victim in the sum of £3.4 million. Back again Thompsons accept acclimatized abounding austere abrasion cases consistent in awards of advantage from one hundred thousand pounds to multi-million batter settlements.
It is every lawyer’s job to accommodate the best accessible acknowledged admonition to his or her client. This is area acquaintance absolutely counts. There may appear a time if you will charge your advocate to admonish as to whether you should achieve or abide to action for a college award. This is area it pays to accept complete advice.
If you would like to altercate what affectionate of account we can action you or anyone you apperceive amuse buzz us on 08000 224 224 or complete one of our online claimed abrasion advantage affirmation forms. We will accommodated you to altercate your bearings and how we can advice you.
You will be beneath no obligation to acquaint us but if Thompsons Solicitors do accord with your affirmation you will accumulate 100% of the advantage awarded to you and we will balance our acknowledged fees from the being amenable for your abrasion or their insurers.
Monday, August 15, 2011
The Medical Authorization Form: What It Is And Why You Got One
A Medical Authorization Form is essentially a form asking for permission to obtain your medical records and bills directly from your healthcare providers following a car accident. Whether your claim is a Med Pay claim with your own insurance company or a Bodily Injury claim with the other driver’s insurance company, you will likely be asked to sign one. An authorization letter which accompanies the form (presented below from the other driver’s insurer) may look something like this:
Dear Mr. Jones,
Enclosed you will find an authorization form which you must sign and return to us as quickly as possible. This will allow us to obtain medical records from your treating health care providers and medical bills incurred as a result of your accident with our insured so we may evaluate your claim in a timely fashion. A return envelope is enclosed.
Thank you very much.
Sincerely,
Tom Stine, Adjuster
The adjuster needs to obtain copies of your doctor’s notes, the hospital records, prescriptions you may have been given, bills for treatment, and any other documentation related to your injuries in order to investigate your claim and to determine how much to offer you to settle it. In addition to medical documents, the insurance company may also ask you to sign an authorization allowing them to request your work records from your employer if you are claiming lost wages.
While an authorization saves you from having to collect this documentation from your healthcare providers yourself, keep in mind that insurance companies don’t do this to be helpful; they do it to get information about you!
CAUTION: Watch the wording of the authorization. If, by signing it, you are providing them with the ability to obtain any and all of your medical records, whether related to the accident or not, some of the information may be used against you in negotiating a settlement of your claim. If you are not sure what the authorization is requesting, you should certainly consult an auto accident attorney before signing it.
Note that if you are unable to reach a settlement of your claim with the insurance company and you eventually file suit against the responsible driver, the other driver’s attorney is likely to subpoena (make a legal demand for) all of your medical records and all of your employment records if there is any reason for them to believe they might be relevant to the evaluation of your case.
Dear Mr. Jones,
Enclosed you will find an authorization form which you must sign and return to us as quickly as possible. This will allow us to obtain medical records from your treating health care providers and medical bills incurred as a result of your accident with our insured so we may evaluate your claim in a timely fashion. A return envelope is enclosed.
Thank you very much.
Sincerely,
Tom Stine, Adjuster
The adjuster needs to obtain copies of your doctor’s notes, the hospital records, prescriptions you may have been given, bills for treatment, and any other documentation related to your injuries in order to investigate your claim and to determine how much to offer you to settle it. In addition to medical documents, the insurance company may also ask you to sign an authorization allowing them to request your work records from your employer if you are claiming lost wages.
While an authorization saves you from having to collect this documentation from your healthcare providers yourself, keep in mind that insurance companies don’t do this to be helpful; they do it to get information about you!
CAUTION: Watch the wording of the authorization. If, by signing it, you are providing them with the ability to obtain any and all of your medical records, whether related to the accident or not, some of the information may be used against you in negotiating a settlement of your claim. If you are not sure what the authorization is requesting, you should certainly consult an auto accident attorney before signing it.
Note that if you are unable to reach a settlement of your claim with the insurance company and you eventually file suit against the responsible driver, the other driver’s attorney is likely to subpoena (make a legal demand for) all of your medical records and all of your employment records if there is any reason for them to believe they might be relevant to the evaluation of your case.
When Your Car Insurance Claim Is Denied
There are many reasons a car accident claim can be denied, valid or not. If your car insurance claim was denied, take note of the reason(s) given in the insurance company’s denial letter. Then take out your insurance policy and begin reading. The denial could be an error based on a lack of complete information or misinformation. But it could also be a correct determination by the insurance company.
Some common reasons for denial are:
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No car insurance coverage was purchased for the claim presented. For example, if you drive an older vehicle, you may carry only liability insurance and have no collision coverage because it is expensive. A claim under your policy for damage to your own vehicle will rightfully be denied.
You made an Uninsured Motorist Claim under your policy and it turns out the other party to the accident was insured.
You do not qualify as a named insured under the policy. For example, you are a teenager and you are specifically excluded under your parents’ policy because your parents do not expect you to drive their vehicle.
Your coverage has lapsed because you failed to pay your premium before the end of the grace period.
The amount of damage claimed exceeds your policy limits and the insurance company will not cover the excess.
You bought a new car and failed to notify the insurance company to add it to the policy within the specified time given in the policy.
If, after reading the insurance company’s reasons and reviewing your policy, you still believe coverage has been wrongfully denied, there are some steps you may take to try to remedy the situation. You have certain rights under your policy and under state law. Your insurance company has a duty to fairly and promptly settle your car accident insurance claim in good faith.
Steps you can take if coverage has been wrongfully denied:
Write back to the insurance company to tell them where their mistake is and provide them with documentation to support your response.
Appeal the company’s decision to the State Insurance Commissioner.
Hire an insurance bad faith attorney to discuss the error with the insurance company.
Sue the insurance company for bad faith, breach of contract, and/or violations of your state’s insurance code.
If the insurance company realizes its mistake, or you are correct in that the adjuster made an error, they will reopen your claim and move forward with their investigation. Where you don’t understand their reason for denial, ask for clarification. It would be wise to consult an attorney to make sure they are not erroneously denying your claim.
CAUTION: Your insurance company is required to act in good faith when handling your car accident claim. If the insurance company unnecessarily denies your claim or fails to promptly settle it, you can sue them for bad faith, breach of contract, and violations of your state’s insurance code. It is crucial that you seek out an auto accident attorney who is experienced in insurance coverage litigation if you believe your insurance company is not handling your claim fairly.
car insurance rates
Note that if your car accident claim is with the insurance company for the other driver involved in the car accident, a failure to settle promptly or fairly is not a denial of the claim. You should contact an attorney to either negotiate a settlement for you or to file suit against the responsible driver. Under some circumstances and in some states, you may also file a complaint with the State’s Department of Insurance for Third Party Bad Faith. Seek advice from an attorney to see if yours is one of those states.
car insurance rates
Some common reasons for denial are:
car insurance rates
No car insurance coverage was purchased for the claim presented. For example, if you drive an older vehicle, you may carry only liability insurance and have no collision coverage because it is expensive. A claim under your policy for damage to your own vehicle will rightfully be denied.
You made an Uninsured Motorist Claim under your policy and it turns out the other party to the accident was insured.
You do not qualify as a named insured under the policy. For example, you are a teenager and you are specifically excluded under your parents’ policy because your parents do not expect you to drive their vehicle.
Your coverage has lapsed because you failed to pay your premium before the end of the grace period.
The amount of damage claimed exceeds your policy limits and the insurance company will not cover the excess.
You bought a new car and failed to notify the insurance company to add it to the policy within the specified time given in the policy.
If, after reading the insurance company’s reasons and reviewing your policy, you still believe coverage has been wrongfully denied, there are some steps you may take to try to remedy the situation. You have certain rights under your policy and under state law. Your insurance company has a duty to fairly and promptly settle your car accident insurance claim in good faith.
Steps you can take if coverage has been wrongfully denied:
Write back to the insurance company to tell them where their mistake is and provide them with documentation to support your response.
Appeal the company’s decision to the State Insurance Commissioner.
Hire an insurance bad faith attorney to discuss the error with the insurance company.
Sue the insurance company for bad faith, breach of contract, and/or violations of your state’s insurance code.
If the insurance company realizes its mistake, or you are correct in that the adjuster made an error, they will reopen your claim and move forward with their investigation. Where you don’t understand their reason for denial, ask for clarification. It would be wise to consult an attorney to make sure they are not erroneously denying your claim.
CAUTION: Your insurance company is required to act in good faith when handling your car accident claim. If the insurance company unnecessarily denies your claim or fails to promptly settle it, you can sue them for bad faith, breach of contract, and violations of your state’s insurance code. It is crucial that you seek out an auto accident attorney who is experienced in insurance coverage litigation if you believe your insurance company is not handling your claim fairly.
car insurance rates
Note that if your car accident claim is with the insurance company for the other driver involved in the car accident, a failure to settle promptly or fairly is not a denial of the claim. You should contact an attorney to either negotiate a settlement for you or to file suit against the responsible driver. Under some circumstances and in some states, you may also file a complaint with the State’s Department of Insurance for Third Party Bad Faith. Seek advice from an attorney to see if yours is one of those states.
car insurance rates
Evaluating Your Own Car Insurance Claim
As lay people, we’re not trained to evaluate accident claims—adjusters are. But if you are handling your own insurance claim, you must become educated in evaluating such claims or you can easily be taken advantage of and not get the compensation to which you are entitled. Here are some guidelines that will help:
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Facts
Know the facts about your accident. Be consistent with your story, especially if the other party is saying something different. This will help you to be credible in the adjuster’s eyes.
car insurance quotes
Liability
Whose fault was it? If it was clearly the other driver’s fault, liability probably won’t be an issue. However, if it was partially your fault, check out your state’s comparative or contributory negligence laws. In some states, your partial responsibility for the accident will bar you from recovering any money at all. In other states, you can get a percentage of your damages. CAUTION: When liability is not clear, or when it is shared, you would be wise to have an attorny, evaluate your case, give you advice, and/or handle the case to its conclusion.
Injuries
Were you injured? Document your injuries, treatment, prognosis for recovery, and temporary or permanent disability with copies of medical reports.
car insurance quotes
Claimed Expenses
What expenses can you claim as a result of the accident? You will be required to lay out for the adjuster all of your medical expenses, including ambulance, emergency room, hospital, doctor visits, medicines, medical equipment, etc. Will you require future medical treatment? Get an estimate of future costs from your health care providers. Did you lose any income? You’ll need proof from your employer. What about other expenses, like transportation to your appointments or hiring home assistance such as a babysitter or a housekeeper? Did your spouse stay home to care for you and lose income as a result? CAUTION: The more complicated or difficult to prove your claimed expenses are, the more you should consider turning your case over to an attorney or getting some legal advice.
Special Factors
Are there any special factors that you would like the adjuster to consider that might make your claim worth more? Such things as your age, your occupation, the fact that you cared for your elderly parent and can no longer do that. Whatever your individual situation is, it might very well add value to your claim, so don’t keep quiet about it.
Damages
You are entitled to be compensated for your medical and other expenses (special damages) along with general damages, which includes money for pain and suffering. Even though adjusters will tell you there is no formula to figure out the value of pain and suffering, if you are doing this on your own, a good place to start is in the neighborhood of three to 5 times the special damages. CAUTION: If you are convinced your claim is worth much more, consult an attorney for advice on value.
car insurance quotes
Negotiations
Be ready to negotiate! Don’t just roll over and take what the adjuster offers unless you truly think it is a fair offer. Otherwise, regard it as his opening bid and the ball is now in your court.
car insurance quotes
Facts
Know the facts about your accident. Be consistent with your story, especially if the other party is saying something different. This will help you to be credible in the adjuster’s eyes.
car insurance quotes
Liability
Whose fault was it? If it was clearly the other driver’s fault, liability probably won’t be an issue. However, if it was partially your fault, check out your state’s comparative or contributory negligence laws. In some states, your partial responsibility for the accident will bar you from recovering any money at all. In other states, you can get a percentage of your damages. CAUTION: When liability is not clear, or when it is shared, you would be wise to have an attorny, evaluate your case, give you advice, and/or handle the case to its conclusion.
Injuries
Were you injured? Document your injuries, treatment, prognosis for recovery, and temporary or permanent disability with copies of medical reports.
car insurance quotes
Claimed Expenses
What expenses can you claim as a result of the accident? You will be required to lay out for the adjuster all of your medical expenses, including ambulance, emergency room, hospital, doctor visits, medicines, medical equipment, etc. Will you require future medical treatment? Get an estimate of future costs from your health care providers. Did you lose any income? You’ll need proof from your employer. What about other expenses, like transportation to your appointments or hiring home assistance such as a babysitter or a housekeeper? Did your spouse stay home to care for you and lose income as a result? CAUTION: The more complicated or difficult to prove your claimed expenses are, the more you should consider turning your case over to an attorney or getting some legal advice.
Special Factors
Are there any special factors that you would like the adjuster to consider that might make your claim worth more? Such things as your age, your occupation, the fact that you cared for your elderly parent and can no longer do that. Whatever your individual situation is, it might very well add value to your claim, so don’t keep quiet about it.
Damages
You are entitled to be compensated for your medical and other expenses (special damages) along with general damages, which includes money for pain and suffering. Even though adjusters will tell you there is no formula to figure out the value of pain and suffering, if you are doing this on your own, a good place to start is in the neighborhood of three to 5 times the special damages. CAUTION: If you are convinced your claim is worth much more, consult an attorney for advice on value.
car insurance quotes
Negotiations
Be ready to negotiate! Don’t just roll over and take what the adjuster offers unless you truly think it is a fair offer. Otherwise, regard it as his opening bid and the ball is now in your court.
Car Accidents And Bodily Injury In A No-Fault State
If you have been injured in an automobile accident, in about a quarter of states, it does not matter who was at fault in order for you to recover money under an insurance policy. Regardless of who was at fault, in a no-fault state, your own insurance policy will protect you and provide you with immediate medical treatment. That’s the good news. The not-so-good news is that in no-fault states you are limited in your ability to sue the negligent driver for damages.
There are currently nine states that are considered “No-Fault” and three additional states which are “Choice” states, where you are given a choice of purchasing a no-fault policy or a “tort policy”. The tort policy is the same type of fault policy as in the majority of states. If you have a tort policy in a choice state, the claims procedures are the same as if you are in a fault state and you retain your right to sue the neligent party with few limitations. In general, tort policies have higher premiums.
The No-Fault states are: Hawaii, Florida, Kansas, Massachusetts, Michigan, Minnesota, North Dakota, New York and Utah. The Choice states are Kentucky, New Jersey, Pennsylvania, plus the District of Columbia.
Under a pure no-fault system, your own auto insurance policy would pay for any economic damages including medical bills and lost wages up to your policy limits. You would be prohibited from suing a negligent driver for general damages such as pain and suffering, loss of companionship, etc. Currently, there are no pure no-fault states. All of the no-fault states have somewhat of a modified system where your insurer pays for your economic damages up to the policy limits, but you may be allowed to sue for non-economic or general damages (i.e., pain and suffering, loss of services, etc.) if those damages exceed a certain level. In some states that level is $250,000; in others it is higher, and in still others, you or your family may sue only if the injuries are “serious” or resulted in death, regardless of the dollar amount.
The section of your policy that covers you for bodily injuries (and your bodily injury claims) in a no-fault state is called Personal Injury Protection, or PIP. Although different states cover different things, in general, PIP covers your medical bills, lost wages, funeral costs and death benefits up to your policy limits. Most of the states have a minimum of $10,000 coverage for PIP which can be increased for a higher premium. In some states you can decrease your premium by applying a deductible.
No-fault insurance coverage can be very complex and you may want to consult a personal injury lawyer to help you through the process. Here is an example of how complicated it is in Massachusetts. There, every driver must carry personal injury protection (PIP) coverage with a minimum of $8,000 per person which covers the following benefits:
Medical expenses (including eye glasses, prosthetic devices, funeral services and professional nursing);
Seventy five (75%) percent of lost wages or lost earning power if unemployed; and,
Payment to people for necessary services they rendered to the household, which the injured party would have performed without pay (i.e. cleaning, etc.).
Your Massachusetts PIP coverage will only pay the first $2,000 of your medical bills, but will cover up to total of $8,000, if you have no other health insurance. The expenses or losses must be incurred within two (2) years from the date of the accident.
In Massachusetts, you may sue the negligent driver for general damages only under these circumstances:
Your reasonable and necessary medical bills exceed $2,000, or
There is permanent or serious disfigurement, or
A fracture, or
Partial or complete loss of a body part, or
Loss of sight or hearing, or
Death
All of the other No-Fault and Choice states are variations on this theme, but with some major differences in limits and rules for filing suit. Check with your insurance agent, your insurance company, your state’s Department of Insurance, or a car accident lawyer if you have any questions about your state’s rules, individual coverages or your right to sue.
There are currently nine states that are considered “No-Fault” and three additional states which are “Choice” states, where you are given a choice of purchasing a no-fault policy or a “tort policy”. The tort policy is the same type of fault policy as in the majority of states. If you have a tort policy in a choice state, the claims procedures are the same as if you are in a fault state and you retain your right to sue the neligent party with few limitations. In general, tort policies have higher premiums.
The No-Fault states are: Hawaii, Florida, Kansas, Massachusetts, Michigan, Minnesota, North Dakota, New York and Utah. The Choice states are Kentucky, New Jersey, Pennsylvania, plus the District of Columbia.
Under a pure no-fault system, your own auto insurance policy would pay for any economic damages including medical bills and lost wages up to your policy limits. You would be prohibited from suing a negligent driver for general damages such as pain and suffering, loss of companionship, etc. Currently, there are no pure no-fault states. All of the no-fault states have somewhat of a modified system where your insurer pays for your economic damages up to the policy limits, but you may be allowed to sue for non-economic or general damages (i.e., pain and suffering, loss of services, etc.) if those damages exceed a certain level. In some states that level is $250,000; in others it is higher, and in still others, you or your family may sue only if the injuries are “serious” or resulted in death, regardless of the dollar amount.
The section of your policy that covers you for bodily injuries (and your bodily injury claims) in a no-fault state is called Personal Injury Protection, or PIP. Although different states cover different things, in general, PIP covers your medical bills, lost wages, funeral costs and death benefits up to your policy limits. Most of the states have a minimum of $10,000 coverage for PIP which can be increased for a higher premium. In some states you can decrease your premium by applying a deductible.
No-fault insurance coverage can be very complex and you may want to consult a personal injury lawyer to help you through the process. Here is an example of how complicated it is in Massachusetts. There, every driver must carry personal injury protection (PIP) coverage with a minimum of $8,000 per person which covers the following benefits:
Medical expenses (including eye glasses, prosthetic devices, funeral services and professional nursing);
Seventy five (75%) percent of lost wages or lost earning power if unemployed; and,
Payment to people for necessary services they rendered to the household, which the injured party would have performed without pay (i.e. cleaning, etc.).
Your Massachusetts PIP coverage will only pay the first $2,000 of your medical bills, but will cover up to total of $8,000, if you have no other health insurance. The expenses or losses must be incurred within two (2) years from the date of the accident.
In Massachusetts, you may sue the negligent driver for general damages only under these circumstances:
Your reasonable and necessary medical bills exceed $2,000, or
There is permanent or serious disfigurement, or
A fracture, or
Partial or complete loss of a body part, or
Loss of sight or hearing, or
Death
All of the other No-Fault and Choice states are variations on this theme, but with some major differences in limits and rules for filing suit. Check with your insurance agent, your insurance company, your state’s Department of Insurance, or a car accident lawyer if you have any questions about your state’s rules, individual coverages or your right to sue.
Online Insurance Policies And Settling An Auto Accident Claim
Generally speaking, negotiating settlements with an insurer is the same whether you purchased your policy from an agent or online. The largest insurers offering online policy purchasing , such as Geico, Progressive and esurance.com, have adjusters who will be assigned to you when making a claim and negotiating settlements. Online insurers generally have adjusters all over the country and may use outside adjusters to serve you. If you’re one of the few who still head down to your local insurance agent’s office to do this, buying a policy online might not be
Buying insurance policies online is still a relatively new concept and admittedly, there are still kinks that need to be ironed out. As such, make sure that your insurance contract specifies how your insurer will handle claims, adjuster issues and settlements. Also, check out the insurer’s customer satisfaction ratings to see what kind of service others have received. For company reviews, see the Free Advice Insurance Center.
Buying insurance policies online is still a relatively new concept and admittedly, there are still kinks that need to be ironed out. As such, make sure that your insurance contract specifies how your insurer will handle claims, adjuster issues and settlements. Also, check out the insurer’s customer satisfaction ratings to see what kind of service others have received. For company reviews, see the Free Advice Insurance Center.
Car Accidents And The Claims Process
After you’ve submitted your claim to your insurance company, a claims adjuster will usually be assigned to your claim to investigate. You should receive a phone call, letter or email from the adjuster introducing him or herself and informing you of the general process their company – your company – follows. The adjuster will review your policy to see what coverage and deductibles you have and evaluate the type and extent of damage and/or injuries that resulted from the accident.
Some claims are simple; some are not. Here’s what you can expect from each:
Simple claims. In cases where there is no question as to what happened (e.g.: you backed into a tree, were not injured and had $100 worth of damage to your vehicle), the adjuster may simply have you get an estimate for the cost of repairing the car and pay that amount. You’ll have to complete some paperwork, but an in-person meeting is usually not required.
Difficult claims. In difficult cases where fault is at issue, several vehicles were involved or unusual circumstances surrounded the accident (bad weather, construction, etc.), the adjuster will generally contact those involved in the accident, including drivers, passengers, witnesses, and possibly the police officer who came to the scene to get accurate details of what really happened. The claims adjuster may conduct interviews, either in person or by phone, research traffic laws where the accident occurred and review photos of damage and hospital records to collect additional information. Once the adjuster has all the information, the claim is sent for processing and payment. Again, you’ll have to complete a certain amount of paperwork and may have to meet with an adjuster in this scenario.
How long does the process take? Generally speaking, easy cases can be settled in a matter of weeks. Difficult cases may, and generally do, take much longer – especially when fault is at issue. However, because every accident has its own facts and circumstances, determining an exact amount of time is difficult. Try not to have expectations of when the matter will be resolved, but…
Don’t sit back and wait! Once you’ve submitted a claim, don’t sit back and wait. Check in with your claims adjuster from time to time, either by phone or email, to see what progress has been made on your claim. Claims adjusters usually have hundreds of claims to settle; don’t let yours fall to the bottom of the pile.
For more help on auto insurance claims, go to the Free Advice Auto Insurance Center. For information about auto accident law, check out the Free Advice Auto Accident FAQs. To find an experienced accident and injury attorney, go to AttorneyPages.com.
Some claims are simple; some are not. Here’s what you can expect from each:
Simple claims. In cases where there is no question as to what happened (e.g.: you backed into a tree, were not injured and had $100 worth of damage to your vehicle), the adjuster may simply have you get an estimate for the cost of repairing the car and pay that amount. You’ll have to complete some paperwork, but an in-person meeting is usually not required.
Difficult claims. In difficult cases where fault is at issue, several vehicles were involved or unusual circumstances surrounded the accident (bad weather, construction, etc.), the adjuster will generally contact those involved in the accident, including drivers, passengers, witnesses, and possibly the police officer who came to the scene to get accurate details of what really happened. The claims adjuster may conduct interviews, either in person or by phone, research traffic laws where the accident occurred and review photos of damage and hospital records to collect additional information. Once the adjuster has all the information, the claim is sent for processing and payment. Again, you’ll have to complete a certain amount of paperwork and may have to meet with an adjuster in this scenario.
How long does the process take? Generally speaking, easy cases can be settled in a matter of weeks. Difficult cases may, and generally do, take much longer – especially when fault is at issue. However, because every accident has its own facts and circumstances, determining an exact amount of time is difficult. Try not to have expectations of when the matter will be resolved, but…
Don’t sit back and wait! Once you’ve submitted a claim, don’t sit back and wait. Check in with your claims adjuster from time to time, either by phone or email, to see what progress has been made on your claim. Claims adjusters usually have hundreds of claims to settle; don’t let yours fall to the bottom of the pile.
For more help on auto insurance claims, go to the Free Advice Auto Insurance Center. For information about auto accident law, check out the Free Advice Auto Accident FAQs. To find an experienced accident and injury attorney, go to AttorneyPages.com.
Car Accidents And The Claims Process
After you’ve submitted your claim to your insurance company, a claims adjuster will usually be assigned to your claim to investigate. You should receive a phone call, letter or email from the adjuster introducing him or herself and informing you of the general process their company – your company – follows. The adjuster will review your policy to see what coverage and deductibles you have and evaluate the type and extent of damage and/or injuries that resulted from the accident.
Some claims are simple; some are not. Here’s what you can expect from each:
Simple claims. In cases where there is no question as to what happened (e.g.: you backed into a tree, were not injured and had $100 worth of damage to your vehicle), the adjuster may simply have you get an estimate for the cost of repairing the car and pay that amount. You’ll have to complete some paperwork, but an in-person meeting is usually not required.
Difficult claims. In difficult cases where fault is at issue, several vehicles were involved or unusual circumstances surrounded the accident (bad weather, construction, etc.), the adjuster will generally contact those involved in the accident, including drivers, passengers, witnesses, and possibly the police officer who came to the scene to get accurate details of what really happened. The claims adjuster may conduct interviews, either in person or by phone, research traffic laws where the accident occurred and review photos of damage and hospital records to collect additional information. Once the adjuster has all the information, the claim is sent for processing and payment. Again, you’ll have to complete a certain amount of paperwork and may have to meet with an adjuster in this scenario.
How long does the process take? Generally speaking, easy cases can be settled in a matter of weeks. Difficult cases may, and generally do, take much longer – especially when fault is at issue. However, because every accident has its own facts and circumstances, determining an exact amount of time is difficult. Try not to have expectations of when the matter will be resolved, but…
Don’t sit back and wait! Once you’ve submitted a claim, don’t sit back and wait. Check in with your claims adjuster from time to time, either by phone or email, to see what progress has been made on your claim. Claims adjusters usually have hundreds of claims to settle; don’t let yours fall to the bottom of the pile.
For more help on auto insurance claims, go to the Free Advice Auto Insurance Center. For information about auto accident law, check out the Free Advice Auto Accident FAQs. To find an experienced accident and injury attorney, go to AttorneyPages.com.
Some claims are simple; some are not. Here’s what you can expect from each:
Simple claims. In cases where there is no question as to what happened (e.g.: you backed into a tree, were not injured and had $100 worth of damage to your vehicle), the adjuster may simply have you get an estimate for the cost of repairing the car and pay that amount. You’ll have to complete some paperwork, but an in-person meeting is usually not required.
Difficult claims. In difficult cases where fault is at issue, several vehicles were involved or unusual circumstances surrounded the accident (bad weather, construction, etc.), the adjuster will generally contact those involved in the accident, including drivers, passengers, witnesses, and possibly the police officer who came to the scene to get accurate details of what really happened. The claims adjuster may conduct interviews, either in person or by phone, research traffic laws where the accident occurred and review photos of damage and hospital records to collect additional information. Once the adjuster has all the information, the claim is sent for processing and payment. Again, you’ll have to complete a certain amount of paperwork and may have to meet with an adjuster in this scenario.
How long does the process take? Generally speaking, easy cases can be settled in a matter of weeks. Difficult cases may, and generally do, take much longer – especially when fault is at issue. However, because every accident has its own facts and circumstances, determining an exact amount of time is difficult. Try not to have expectations of when the matter will be resolved, but…
Don’t sit back and wait! Once you’ve submitted a claim, don’t sit back and wait. Check in with your claims adjuster from time to time, either by phone or email, to see what progress has been made on your claim. Claims adjusters usually have hundreds of claims to settle; don’t let yours fall to the bottom of the pile.
For more help on auto insurance claims, go to the Free Advice Auto Insurance Center. For information about auto accident law, check out the Free Advice Auto Accident FAQs. To find an experienced accident and injury attorney, go to AttorneyPages.com.
Auto Insurance Center
Generally speaking, it depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, the answer is probably no. If you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different. It is important to look at the degree of the car accident and use your best judgment. A simple fender bender where no occupants are hurt can usually be appropriately handled through your insurer. Anything other than that deserves a bit more thought – especially in this litigious environment.
When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:
Run to an attorney when:
An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
A death has resulted from the accident;
Fault is clearly an issue;
Other parties were involved such as pedestrians or other autos;
The accident occurred in a construction area;
A police report does not accurately describe the accident and puts you at fault;
Important technical, legal or medical issues are involved;
The limits of your liability insurance are low,
You have no insurance,, or your insurance company suggests that you did not pay your premium.
Your insurer starts “acting funny.”
Your insurer involves its own attorney (in this case, sprint!).
Walk to an attorney when:
Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
Unsure if other insurance (homeowners, travel, etc.) may be available;
Fault may be an issue;
Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
Seeking information on how to handle negotiations with an insurer;
You don’t know your rights;
Confused over the terms of your policy;
Needing an expert to review confusing paperwork or forms.
Finding an attorney is easy and most attorneys listed provide free initial consultations. If you’re not certain that you want to contact an attorney, check out FreeAdvice.com Auto Accidents for FAQs or the Auto Accidents Forums section where you can post a question to see how others may have handled similar situations.
When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:
Run to an attorney when:
An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
A death has resulted from the accident;
Fault is clearly an issue;
Other parties were involved such as pedestrians or other autos;
The accident occurred in a construction area;
A police report does not accurately describe the accident and puts you at fault;
Important technical, legal or medical issues are involved;
The limits of your liability insurance are low,
You have no insurance,, or your insurance company suggests that you did not pay your premium.
Your insurer starts “acting funny.”
Your insurer involves its own attorney (in this case, sprint!).
Walk to an attorney when:
Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
Unsure if other insurance (homeowners, travel, etc.) may be available;
Fault may be an issue;
Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
Seeking information on how to handle negotiations with an insurer;
You don’t know your rights;
Confused over the terms of your policy;
Needing an expert to review confusing paperwork or forms.
Finding an attorney is easy and most attorneys listed provide free initial consultations. If you’re not certain that you want to contact an attorney, check out FreeAdvice.com Auto Accidents for FAQs or the Auto Accidents Forums section where you can post a question to see how others may have handled similar situations.
Auto Insurance Center
When you are injured in a car accident and the person at fault is either the driver of the other vehicle or, if you are a passenger, the driver of the car in which you are riding, you may file a bodily injury claim with that driver’s insurance company.
The person who handles your claim is called a claims adjuster, and he or she will want to take a recorded statement from you regarding the facts of the accident, the damage to the vehicles, and in what way you were injured. Please keep in mind that it is the adjuster’s job to have you minimize your car accident claim so the insurance company doesn’t have to pay out a lot of money to settle it. If you have more than a very minor injury, you may want to speak to a lawyer first so you avoid saying or signing the wrong thing and hurting your chances of getting the settlement you deserve to make you “whole” again. Without an attorney, be prepared to answer on your own, questions such as:
What injuries do you have?
Did you leave the scene of the accident in an ambulance?
What medical treatment have you received?
What medical providers have treated you?
What was the doctor’s diagnosis?
Are you still being treated?
Do you have a history of injury to the same body parts?
When was the last time prior to the accident that you were treated for pain to these body parts?
Do you have any residual pain or injuries?
How much were your medical bills?
Whether you deal with the adjuster on your own, or with the assistance of a car accident lawyer, in addition to the above questions, here is what to expect. You will be asked to supply sufficient documentation to support your claim. This may include a request to sign a medical authorization, allowing the insurance company to obtain your medical records and bills from your treating healthcare providers. (See Medical Authorization Forms.) You will be asked for proof of lost wages or lost income. If you are self-employed, this may include your income tax records for the previous year or more. Documentation supporting other expenses you may be claiming will be requested, as well, such as receipts for travel to medical appointments, cancelled checks to pay a housekeeper if you couldn’t take care of your home yourself, etc. Then you or your attorney will have to negotiate a settlement.
Note that bodily injury claims may have a dollar limit or strict rules regarding when you can and cannot sue in some states where they have only “no-fault” auto insurance policies. Most states are “fault-based” and if the party you are filing a claim against was partially or totally at fault for the accident, you should get a fair settlement or you are allowed to sue. In a no-fault state, however, you file your injury claim not with the responsible party’s insurance company, but with a special coverage on your own policy called Personal Injury Protection (PIP). (See Bodily Injury in a No-Fault State and Bodily Injury in a Choice State.) You may still sue the responsible party, but only if there were serious injuries or death. Other rules may apply, as well. (See Fault and No-Fault Car Accidents: Who Pays the Bills? for more information about fault and no-fault laws and states.)
It is important to check with your insurance company, your state’s department of insurance or an attorney if you have any questions about your state’s rules, your individual coverages, and your right to sue.
The person who handles your claim is called a claims adjuster, and he or she will want to take a recorded statement from you regarding the facts of the accident, the damage to the vehicles, and in what way you were injured. Please keep in mind that it is the adjuster’s job to have you minimize your car accident claim so the insurance company doesn’t have to pay out a lot of money to settle it. If you have more than a very minor injury, you may want to speak to a lawyer first so you avoid saying or signing the wrong thing and hurting your chances of getting the settlement you deserve to make you “whole” again. Without an attorney, be prepared to answer on your own, questions such as:
What injuries do you have?
Did you leave the scene of the accident in an ambulance?
What medical treatment have you received?
What medical providers have treated you?
What was the doctor’s diagnosis?
Are you still being treated?
Do you have a history of injury to the same body parts?
When was the last time prior to the accident that you were treated for pain to these body parts?
Do you have any residual pain or injuries?
How much were your medical bills?
Whether you deal with the adjuster on your own, or with the assistance of a car accident lawyer, in addition to the above questions, here is what to expect. You will be asked to supply sufficient documentation to support your claim. This may include a request to sign a medical authorization, allowing the insurance company to obtain your medical records and bills from your treating healthcare providers. (See Medical Authorization Forms.) You will be asked for proof of lost wages or lost income. If you are self-employed, this may include your income tax records for the previous year or more. Documentation supporting other expenses you may be claiming will be requested, as well, such as receipts for travel to medical appointments, cancelled checks to pay a housekeeper if you couldn’t take care of your home yourself, etc. Then you or your attorney will have to negotiate a settlement.
Note that bodily injury claims may have a dollar limit or strict rules regarding when you can and cannot sue in some states where they have only “no-fault” auto insurance policies. Most states are “fault-based” and if the party you are filing a claim against was partially or totally at fault for the accident, you should get a fair settlement or you are allowed to sue. In a no-fault state, however, you file your injury claim not with the responsible party’s insurance company, but with a special coverage on your own policy called Personal Injury Protection (PIP). (See Bodily Injury in a No-Fault State and Bodily Injury in a Choice State.) You may still sue the responsible party, but only if there were serious injuries or death. Other rules may apply, as well. (See Fault and No-Fault Car Accidents: Who Pays the Bills? for more information about fault and no-fault laws and states.)
It is important to check with your insurance company, your state’s department of insurance or an attorney if you have any questions about your state’s rules, your individual coverages, and your right to sue.
Pet Insurance and Auto Accidents
Whether it’s a drive across the country for vacation, a trip to the local burger joint to share a bag of fries, or a trip to the vet, most pet owners have their animals in the car at some point. The happy dog-face poking out from the passenger-side window is almost an iconic American image, after all. What happens to little Fido or FiFi if you’re in an accident while they’re with you, though?
The good news is that if a pet is injured or killed in a car accident, it is covered by most insurers, as part of your property damage liability insurance – pets, in this case – are considered just one more kind of property – but there are standard restrictions, and one of them is that the at-fault person is liable for the damages.
What this means is that if you’re in an accident, and it’s not your fault, the other driver’s insurance will extend to any injury to your pet, but in most cases, if it is your fault, there is no coverage. This is because bodily injury coverage has been designated for humans only, by the insurance industry. ANY damage in an accident that isn’t an injury to you or your human passengers is considered property damage.
What Do You Do to Protect Your Pet?
There are several options you have in protecting your dog or cat when they’re in the car with you. They include:
Seek out insurance companies with pet-specific auto insurance coverage. Progressive was the first to offer such a policy, but there may be others.
Crate your animal in the car. The best way to protect your pet is to prevent an injury. Restricting your dog or cat to a travel crate or pet carrier in the car protects them from being launched across the car, as well as prevents them from distracting you. Moreover, in many states having a loose animal in a moving vehicle is illegal.
Consider pet insurance. There are several pet insurance companies with inexpensive policies available to cover your pet in the case of accident or illness. While this won’t keep your animal safe in the car, it will help offset any vet fees if your dog or cat is injured in a car crash.
For many of you, pets are part of the family. Just as you require your children to wear seatbelts, and carry them on your insurance policy, so, to, should you restrict your pets’ movement in a car, and consider pet insurance in case of an accident.
The good news is that if a pet is injured or killed in a car accident, it is covered by most insurers, as part of your property damage liability insurance – pets, in this case – are considered just one more kind of property – but there are standard restrictions, and one of them is that the at-fault person is liable for the damages.
What this means is that if you’re in an accident, and it’s not your fault, the other driver’s insurance will extend to any injury to your pet, but in most cases, if it is your fault, there is no coverage. This is because bodily injury coverage has been designated for humans only, by the insurance industry. ANY damage in an accident that isn’t an injury to you or your human passengers is considered property damage.
What Do You Do to Protect Your Pet?
There are several options you have in protecting your dog or cat when they’re in the car with you. They include:
Seek out insurance companies with pet-specific auto insurance coverage. Progressive was the first to offer such a policy, but there may be others.
Crate your animal in the car. The best way to protect your pet is to prevent an injury. Restricting your dog or cat to a travel crate or pet carrier in the car protects them from being launched across the car, as well as prevents them from distracting you. Moreover, in many states having a loose animal in a moving vehicle is illegal.
Consider pet insurance. There are several pet insurance companies with inexpensive policies available to cover your pet in the case of accident or illness. While this won’t keep your animal safe in the car, it will help offset any vet fees if your dog or cat is injured in a car crash.
For many of you, pets are part of the family. Just as you require your children to wear seatbelts, and carry them on your insurance policy, so, to, should you restrict your pets’ movement in a car, and consider pet insurance in case of an accident.
I live in a state that has a limit on how much you can get for non-economic damages. Will I be compensated for the pain and suffering caused by my car accident?
When you are injured in an accident and you make a claim for damages, they are divided into economic and non-economic damages. Economic damages are those that are easily quantifiable, such as medical bills, lost wages, prescription medicines, transportation to and from the doctor, the cost of a housekeeper to do the cleaning while you are unable to, and other expenses. If the accident was the other party’s fault, you will be reimbursed for your reasonable and necessary economic losses (unless you live in a “no-fault” state).
Non-economic damages are those that are not easily quantifiable and include inconvenience and pain and suffering. In most states, there are no limitations when it comes to damages for pain and suffering, but that is changing. If you live in a state that places a limit on compensation for pain and suffering, that limit is the maximum you can get. In states that have such a limit, it is often in the amount of $250,000 or $500,000.
You indicate that you live in a state where there is a limit. Depending on your specific situation, your medical bills, lost wages, the extent of your injury, whether or not you will have problems from your injury in the future such as temporary or permanent full or partial disability and your pain and suffering will be assessed and you will be awarded an amount to compensate you. Your award or settlement, however, will not exceed the statutory amount in your state, even if you think you deserve more, or even if you would likely be awarded more in another state.
The reason some states have limits, especially in certain types of cases, such as medical malpractice and aviation, is that there have been cries for tort reform backed by claims that without such limits, large verdicts have driven up the cost of insurance and have dissuaded insurance companies from doing business in some states. The argument for caps on pain and suffering is that consumers will have to pay higher costs because insurance companies and doctors have to pay more for insurance coverage. The opposing side argues that the real reason for caps on pain and suffering is that corporations, including doctors, want to limit their financial exposure. Caps would give them a lower cost of doing business. In any event, people with serious injuries, especially children, whose quality of life may have been substantially affected, but who can only get $250,000 when their case may be worth several million dollars elsewhere, may not benefit from such limitations.
Non-economic damages are those that are not easily quantifiable and include inconvenience and pain and suffering. In most states, there are no limitations when it comes to damages for pain and suffering, but that is changing. If you live in a state that places a limit on compensation for pain and suffering, that limit is the maximum you can get. In states that have such a limit, it is often in the amount of $250,000 or $500,000.
You indicate that you live in a state where there is a limit. Depending on your specific situation, your medical bills, lost wages, the extent of your injury, whether or not you will have problems from your injury in the future such as temporary or permanent full or partial disability and your pain and suffering will be assessed and you will be awarded an amount to compensate you. Your award or settlement, however, will not exceed the statutory amount in your state, even if you think you deserve more, or even if you would likely be awarded more in another state.
The reason some states have limits, especially in certain types of cases, such as medical malpractice and aviation, is that there have been cries for tort reform backed by claims that without such limits, large verdicts have driven up the cost of insurance and have dissuaded insurance companies from doing business in some states. The argument for caps on pain and suffering is that consumers will have to pay higher costs because insurance companies and doctors have to pay more for insurance coverage. The opposing side argues that the real reason for caps on pain and suffering is that corporations, including doctors, want to limit their financial exposure. Caps would give them a lower cost of doing business. In any event, people with serious injuries, especially children, whose quality of life may have been substantially affected, but who can only get $250,000 when their case may be worth several million dollars elsewhere, may not benefit from such limitations.
The adjuster for the other driver's car insurance company does not agree with my lawyer’s estimate of damages. Does that mean I have to file a lawsuit now?
The adjuster for the other party’s insurance company has the power to settle claims. The adjuster estimates the value of a claim based on the type of injury, medical bills, lost wages, prognosis for recovery and any other future expenses you might have because of your injury. If your lawyer disagrees on the value of the claim and negotiations fail to reach a compromise you can live with, you may have to file a lawsuit against the other driver.
That does not necessarily mean your case will go to trial. It means that the adjuster must turn the case over to an attorney who will represent the other party. However, the adjuster still holds the purse strings.
The other side's attorney will evaluate the case, tell the adjuster what he or she believes the case is worth, and make recommendations regarding any offers. Sometimes that attorney points out new issues or facts, and the adjuster realizes the case is worth more than first thought. Other times, the other party’s lawyer is in complete agreement with the adjuster. Then your only option is to move on and have your attorney prepare the case for arbitration or trial. If you do not have a lawyer yet, consult an experienced car accident attorney for advice on your situation.
That does not necessarily mean your case will go to trial. It means that the adjuster must turn the case over to an attorney who will represent the other party. However, the adjuster still holds the purse strings.
The other side's attorney will evaluate the case, tell the adjuster what he or she believes the case is worth, and make recommendations regarding any offers. Sometimes that attorney points out new issues or facts, and the adjuster realizes the case is worth more than first thought. Other times, the other party’s lawyer is in complete agreement with the adjuster. Then your only option is to move on and have your attorney prepare the case for arbitration or trial. If you do not have a lawyer yet, consult an experienced car accident attorney for advice on your situation.
If after a car accident someone is unable to perform a job they previously could, should diminished earning capacity damages be awarded in the accident lawsuit?
The damages recovered in a car accident lawsuit often include compensation for lost wages for a job you already have. But if a claim for loss of earning capacity is based on anticipated future losses, it is difficult to determine proper damages. Consult an experienced accident attorney for specific questions about including loss of earning capacity in your car accident damages claim.
How Do You Show Damages for Loss of Earnings Capacity?
Any party seeking damages must prove there is a reason for the award, and demonstrate a way to calculate it. The uncertain nature of anticipated earnings capacity can make this confusing. While one side may argue that the loss of earnings should cover the difference between what the party made before the car accident and is currently making, the other side may argue that the party should be retrained in another area of his or her job, or even in a completely different field. Whether or not an injured party can claim loss of future earnings depends on the facts of each case, and can be difficult to predict.
If the injured party was up for a promotion, and the promotion was lost because of the car accident, this can be a factor in favor of recovering loss of earnings capacity damages. A party’s age at the time of the car accident is also taken into consideration. For example, if the person injured is twenty years old, the court will take the average number of working years left in his or her life to determine the damages for loss of earning capacity, which would be much higher than for someone who is closer to retirement age.
How Do You File a Claim for Loss of Earnings Capacity?
Filing a car accident lawsuit for loss of earning capacity can be complicated, because it rests on so many variables. The best thing to do if you believe that you have a claim for loss of earning capacity is to contact an experienced personal injury or automobile accident attorney. After reviewing your case, an attorney will be able to weigh all the relevant factors in your claim, and come up with fair assessment of car accident damages to negotiate with the insurance company, or present to the jury if the car accident lawsuit goes to trial.
How Do You Show Damages for Loss of Earnings Capacity?
Any party seeking damages must prove there is a reason for the award, and demonstrate a way to calculate it. The uncertain nature of anticipated earnings capacity can make this confusing. While one side may argue that the loss of earnings should cover the difference between what the party made before the car accident and is currently making, the other side may argue that the party should be retrained in another area of his or her job, or even in a completely different field. Whether or not an injured party can claim loss of future earnings depends on the facts of each case, and can be difficult to predict.
If the injured party was up for a promotion, and the promotion was lost because of the car accident, this can be a factor in favor of recovering loss of earnings capacity damages. A party’s age at the time of the car accident is also taken into consideration. For example, if the person injured is twenty years old, the court will take the average number of working years left in his or her life to determine the damages for loss of earning capacity, which would be much higher than for someone who is closer to retirement age.
How Do You File a Claim for Loss of Earnings Capacity?
Filing a car accident lawsuit for loss of earning capacity can be complicated, because it rests on so many variables. The best thing to do if you believe that you have a claim for loss of earning capacity is to contact an experienced personal injury or automobile accident attorney. After reviewing your case, an attorney will be able to weigh all the relevant factors in your claim, and come up with fair assessment of car accident damages to negotiate with the insurance company, or present to the jury if the car accident lawsuit goes to trial.
If after a car accident someone is unable to perform a job they previously could, should diminished earning capacity damages be awarded in the accident lawsuit?
The damages recovered in a car accident lawsuit often include compensation for lost wages for a job you already have. But if a claim for loss of earning capacity is based on anticipated future losses, it is difficult to determine proper damages. Consult an experienced accident attorney for specific questions about including loss of earning capacity in your car accident damages claim.
How Do You Show Damages for Loss of Earnings Capacity?
Any party seeking damages must prove there is a reason for the award, and demonstrate a way to calculate it. The uncertain nature of anticipated earnings capacity can make this confusing. While one side may argue that the loss of earnings should cover the difference between what the party made before the car accident and is currently making, the other side may argue that the party should be retrained in another area of his or her job, or even in a completely different field. Whether or not an injured party can claim loss of future earnings depends on the facts of each case, and can be difficult to predict.
If the injured party was up for a promotion, and the promotion was lost because of the car accident, this can be a factor in favor of recovering loss of earnings capacity damages. A party’s age at the time of the car accident is also taken into consideration. For example, if the person injured is twenty years old, the court will take the average number of working years left in his or her life to determine the damages for loss of earning capacity, which would be much higher than for someone who is closer to retirement age.
How Do You File a Claim for Loss of Earnings Capacity?
Filing a car accident lawsuit for loss of earning capacity can be complicated, because it rests on so many variables. The best thing to do if you believe that you have a claim for loss of earning capacity is to contact an experienced personal injury or automobile accident attorney. After reviewing your case, an attorney will be able to weigh all the relevant factors in your claim, and come up with fair assessment of car accident damages to negotiate with the insurance company, or present to the jury if the car accident lawsuit goes to trial.
How Do You Show Damages for Loss of Earnings Capacity?
Any party seeking damages must prove there is a reason for the award, and demonstrate a way to calculate it. The uncertain nature of anticipated earnings capacity can make this confusing. While one side may argue that the loss of earnings should cover the difference between what the party made before the car accident and is currently making, the other side may argue that the party should be retrained in another area of his or her job, or even in a completely different field. Whether or not an injured party can claim loss of future earnings depends on the facts of each case, and can be difficult to predict.
If the injured party was up for a promotion, and the promotion was lost because of the car accident, this can be a factor in favor of recovering loss of earnings capacity damages. A party’s age at the time of the car accident is also taken into consideration. For example, if the person injured is twenty years old, the court will take the average number of working years left in his or her life to determine the damages for loss of earning capacity, which would be much higher than for someone who is closer to retirement age.
How Do You File a Claim for Loss of Earnings Capacity?
Filing a car accident lawsuit for loss of earning capacity can be complicated, because it rests on so many variables. The best thing to do if you believe that you have a claim for loss of earning capacity is to contact an experienced personal injury or automobile accident attorney. After reviewing your case, an attorney will be able to weigh all the relevant factors in your claim, and come up with fair assessment of car accident damages to negotiate with the insurance company, or present to the jury if the car accident lawsuit goes to trial.
I can't have relations with my wife as a result of my car accident injury. Can she sue, too?
Yes. If you can't have sexual relations with your spouse as a result of your injury, she is suffering from a “loss of consortium." You and/or your spouse may make a claim for loss of consortium as part of your lawsuit against the other driver.
Loss of consortium is usually awarded where the spouse no longer can enjoy the company and pleasure of the injured spouse in the same way as before the accident. The loss may be temporary or permanent. It may be due to physical injury or mental distress caused by the physical injury. Beyond sexual relations, loss of consortium can extend to other aspects of your relationship. For example, if you can no longer help care for the kids, clean the house, mow the lawn, take out the trash or cook dinner, your injuries have likely interfered with your spouse's reasonable expectations of marriage. Loss of consortium may also include the loss of care, affection, and companionship between husband and wife, even without the loss of sexual intimacy.
Loss of consortium sometimes extends to parents who have lost a child or whose child was severely injured, or to a child whose parent has been injured or has died in an accident. This type of claim is referred to as “filial consortium” and it pays damages for the lost love, companionship and care of the child or parent. Not all states allow filial consortium claims. An experienced auto accident attorney can explain what laws apply to your situation.
Loss of consortium claims can be difficult to prove and usually don't yield a large amount of money, because the court may regard the claim as "speculative." It can be difficult for the jury to pin a dollar amount on an injury that is emotional in nature. Keep in mind that if you or your spouse pursue a loss of consortium claim, not only do you need to prove the loss, but then the subject becomes fair game for the other party’s attorney. You will likely have to answer intimate questions about your current and your previous sex life, either in depositions or at trial. If the loss is severe and you are willing to answer invasive questions, by all means, you and/or your spouse should include a loss of consortium claim in your lawsuit. Even if speculative, your attorney can potentially use the claim as leverage in settlement negotiations.
Loss of consortium is usually awarded where the spouse no longer can enjoy the company and pleasure of the injured spouse in the same way as before the accident. The loss may be temporary or permanent. It may be due to physical injury or mental distress caused by the physical injury. Beyond sexual relations, loss of consortium can extend to other aspects of your relationship. For example, if you can no longer help care for the kids, clean the house, mow the lawn, take out the trash or cook dinner, your injuries have likely interfered with your spouse's reasonable expectations of marriage. Loss of consortium may also include the loss of care, affection, and companionship between husband and wife, even without the loss of sexual intimacy.
Loss of consortium sometimes extends to parents who have lost a child or whose child was severely injured, or to a child whose parent has been injured or has died in an accident. This type of claim is referred to as “filial consortium” and it pays damages for the lost love, companionship and care of the child or parent. Not all states allow filial consortium claims. An experienced auto accident attorney can explain what laws apply to your situation.
Loss of consortium claims can be difficult to prove and usually don't yield a large amount of money, because the court may regard the claim as "speculative." It can be difficult for the jury to pin a dollar amount on an injury that is emotional in nature. Keep in mind that if you or your spouse pursue a loss of consortium claim, not only do you need to prove the loss, but then the subject becomes fair game for the other party’s attorney. You will likely have to answer intimate questions about your current and your previous sex life, either in depositions or at trial. If the loss is severe and you are willing to answer invasive questions, by all means, you and/or your spouse should include a loss of consortium claim in your lawsuit. Even if speculative, your attorney can potentially use the claim as leverage in settlement negotiations.
The car insurance company's attorney says my injury was pre-existing. How do I prove it wasn't?
If you suffer an injury in a car accident, the insurance company for the party at fault will process your injury claim. In doing so, the insurance company can argue that any injury incurred during the accident was the result of a pre-existing medical condition. If they suspect the nature or severity of your injury is due to a pre-existing condition, the insurance company may legally demand your medical history with a subpoena and identify any previous injuries similar to the one suffered in the car accident. If the insurance company can prove that you had a pre-existing condition that contributed to your current injury, then your recoverable damages may be reduced.
If you have injuries similar to the one you suffer in a car accident that you’ve incurred in the past, it does not mean that a negligent party can escape liability by pointing to a pre-existing condition. However, you may end up having to defend your current injury as being caused by the car accident. This can be done through a thorough review of your medical records, and possibly via testimony provided by a doctor or other expert witness. If your medical records show that the injury or condition was completely healed, you will usually have no difficulty demonstrating that the injury was not pre-existing.
Even if you have a pre-existing condition similar to the one suffered in the car accident, the defense still has the burden of showing that the pre-existing condition had a causal relationship to the current injury. This is also done through doctor’s testimony. Sometimes, during the treatment for an injury incurred by a car accident, a doctor will discover a degenerative condition, like arthritis, that was not on your record before. In this context, the arthritis would most likely be considered an incidental finding, and would probably not limit your recoverable damages. You will need to be prepared to defend your medical history and demonstrate that the current injury you suffer was primarily due to the car accident, and not a pre-existing medical condition.
Insurance companies will do the best they can to limit the amount they pay out for your damages after a car accident, and you should not try to challenge them alone. If you are in a car accident, you should contact an automobile accident attorney right away, so that you can ensure the best recovery for your injuries.
If you have injuries similar to the one you suffer in a car accident that you’ve incurred in the past, it does not mean that a negligent party can escape liability by pointing to a pre-existing condition. However, you may end up having to defend your current injury as being caused by the car accident. This can be done through a thorough review of your medical records, and possibly via testimony provided by a doctor or other expert witness. If your medical records show that the injury or condition was completely healed, you will usually have no difficulty demonstrating that the injury was not pre-existing.
Even if you have a pre-existing condition similar to the one suffered in the car accident, the defense still has the burden of showing that the pre-existing condition had a causal relationship to the current injury. This is also done through doctor’s testimony. Sometimes, during the treatment for an injury incurred by a car accident, a doctor will discover a degenerative condition, like arthritis, that was not on your record before. In this context, the arthritis would most likely be considered an incidental finding, and would probably not limit your recoverable damages. You will need to be prepared to defend your medical history and demonstrate that the current injury you suffer was primarily due to the car accident, and not a pre-existing medical condition.
Insurance companies will do the best they can to limit the amount they pay out for your damages after a car accident, and you should not try to challenge them alone. If you are in a car accident, you should contact an automobile accident attorney right away, so that you can ensure the best recovery for your injuries.
I was in a car accident. Who is going to pay for my property damage and medical bills?
The answer to this question depends on your own financial resources and the circumstances of the accident.
Typical sources of compensation for damages sustained in a car accident include:
(1) Out-of Pocket - When the damages sustained are minor and do not cost a lot of money, paying for the loss "out-of-pocket" should be considered. There is no third party involvement when you pay for your own loss, no long investigation, no change in your insurance and generally less hassle. When your losses exceed what you can handle, other sources of compensation should be explored.
(2) Your Car Insurance Company - Whether your insurance will compensate you for your loss depends on your insurance contract. In many contracts, there are considerations for both the first party (you and your vehicle) and any third parties (passengers, other drivers and their property). Some contracts provide medical coverage for personal injury of the insured and your passengers. The policy may pay for collision repairs and possibly for a car rental while your damaged car is being fixed. Before making a claim with an insurance company, many people consider whether it will be less expensive for them to pay for the loss "out-of-pocket" before relying on their insurance, because accident payments could raise your premiums. The potential of increases in your premium must be balanced against your ability to pay "out-of-pocket," including any deductibles. The larger the loss, the more likely you are to want recovery from your insurance company.
(3) Your Health Insurance Provider - You may have private health insurance or belong to an HMO (Health Maintenance Organization). In the event of a personal injury from a car accident, you can ask your health insurer to pay for medical treatment. Sometimes, private health insurance plans or HMOs require you to seek recovery from your auto insurance company before the health organization will pay or provide medical treatment.
(4) Other People Involved In the Accident - In addition to the three sources above, you may be able to seek recovery from other people who were involved in the accident. Your ability to recover money from another driver may be limited by the laws of the state in which the accident occurred (not necessarily the same state where you live). The state where the accident occurred may have a "no-fault" law where each person involved in an accident pays for their injuries through their own insurance, or a "fault" law, where the party "at fault" or who caused the accident pays for damages. If you are "at-fault" for an accident that occurred in a "fault" state, contact your insurance company. It is the company's job to defend you in court or to negotiate a settlement. When the other party is at fault in a "fault" state, you would seek compensation from their insurer in that case, or your insurer would seek compensation from their insurer.
Typical sources of compensation for damages sustained in a car accident include:
(1) Out-of Pocket - When the damages sustained are minor and do not cost a lot of money, paying for the loss "out-of-pocket" should be considered. There is no third party involvement when you pay for your own loss, no long investigation, no change in your insurance and generally less hassle. When your losses exceed what you can handle, other sources of compensation should be explored.
(2) Your Car Insurance Company - Whether your insurance will compensate you for your loss depends on your insurance contract. In many contracts, there are considerations for both the first party (you and your vehicle) and any third parties (passengers, other drivers and their property). Some contracts provide medical coverage for personal injury of the insured and your passengers. The policy may pay for collision repairs and possibly for a car rental while your damaged car is being fixed. Before making a claim with an insurance company, many people consider whether it will be less expensive for them to pay for the loss "out-of-pocket" before relying on their insurance, because accident payments could raise your premiums. The potential of increases in your premium must be balanced against your ability to pay "out-of-pocket," including any deductibles. The larger the loss, the more likely you are to want recovery from your insurance company.
(3) Your Health Insurance Provider - You may have private health insurance or belong to an HMO (Health Maintenance Organization). In the event of a personal injury from a car accident, you can ask your health insurer to pay for medical treatment. Sometimes, private health insurance plans or HMOs require you to seek recovery from your auto insurance company before the health organization will pay or provide medical treatment.
(4) Other People Involved In the Accident - In addition to the three sources above, you may be able to seek recovery from other people who were involved in the accident. Your ability to recover money from another driver may be limited by the laws of the state in which the accident occurred (not necessarily the same state where you live). The state where the accident occurred may have a "no-fault" law where each person involved in an accident pays for their injuries through their own insurance, or a "fault" law, where the party "at fault" or who caused the accident pays for damages. If you are "at-fault" for an accident that occurred in a "fault" state, contact your insurance company. It is the company's job to defend you in court or to negotiate a settlement. When the other party is at fault in a "fault" state, you would seek compensation from their insurer in that case, or your insurer would seek compensation from their insurer.
What kind of compensation can I qualify for after a car accident?
Millions of car accidents occur each year injuring people and damaging property. Where an accident is minor, many people simply file police reports, inform their insurance company, but pay the losses out of their own pocket. However, when an accident isn't minor, it's important to realize that you can be compensated not only for the damage to your vehicle, but for other damages as well.
If you're injured in a car accident, you'll likely incur expenses related to the accident such as medical treatment, rehabilitation, renting a car or using a taxi while your car is being repaired. It's likely that while your expenses increase, you may lose income due to your inability to work. In addition, you may also lose the ability to perform various activities of normal daily living, in both the short and long term, and may also endure pain and suffering as a result of the accident.
You can be compensated for these types of injuries and expenses. Generally, auto accident victims seek what are known as compensatory damages. These are intended to "make you whole again" and place you back in the same position you were before the accident occurred. There are two types of compensatory damages - economic and non-economic. Economic damages are awarded for those "out of pocket expenses" that you've incurred, while non-economic damages are awarded for any "pain and suffering" you may have experienced. Both types may be available to auto accident victims.
In addition to normal compensatory damages, in extreme cases punitive damages may be available, if the injury was the result of the other driver's reckless or irresponsible behavior, or if the accident or the injury was caused by something about the car that is dangerous or defective that the manufacturer should have corrected.
If you're injured in a car accident, you'll likely incur expenses related to the accident such as medical treatment, rehabilitation, renting a car or using a taxi while your car is being repaired. It's likely that while your expenses increase, you may lose income due to your inability to work. In addition, you may also lose the ability to perform various activities of normal daily living, in both the short and long term, and may also endure pain and suffering as a result of the accident.
You can be compensated for these types of injuries and expenses. Generally, auto accident victims seek what are known as compensatory damages. These are intended to "make you whole again" and place you back in the same position you were before the accident occurred. There are two types of compensatory damages - economic and non-economic. Economic damages are awarded for those "out of pocket expenses" that you've incurred, while non-economic damages are awarded for any "pain and suffering" you may have experienced. Both types may be available to auto accident victims.
In addition to normal compensatory damages, in extreme cases punitive damages may be available, if the injury was the result of the other driver's reckless or irresponsible behavior, or if the accident or the injury was caused by something about the car that is dangerous or defective that the manufacturer should have corrected.
What Is Your Car Accident Injury Claim Worth?
The best way to determine how much your injury claim is worth when you are injured in a car accident is to look at how an insurance company would value your claim. An insurance carrier will first look to the types and amounts of damages suffered and then to percentage of fault.
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Types of Damages You May Recover
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The types of damages an insurance company will typically pay for include the following:
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Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. These expenses are recoverable if they result from your injury. The cost of a medical examination done for the purposes of litigation is generally not recoverable. If you are able to guesstimate how much your overall medical treatment will cost, you and your attorney may well be able to ballpark how much your entire claim is worth. Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards.
Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.
Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain to determine the damage amount to be awarded.
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Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.
Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.
Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.
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Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits, the loss of which recovery is based, include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, how much care and companionship were given to the uninjured spouse, and the degree to which the above-mentioned benefits were lost.
Property Damage: Recovery for the value of property that was damaged.
Amount of Damages You May Recover
An insurance company typically looks first to how much money has been spent and/or lost by the injured person when determining recovery. You may expect to recover any money spent or lost as a result of your injury. There are damages, however, that are harder to place a dollar value on. This includes pain and suffering or mental anguish. An insurance company may use a formula to ascertain what an appropriate damage amount might be for these types of claims.
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The formula might work like this: First, the insurance company’s adjuster adds up the total amount of medical expenses relating to the injury. These damages are referred to as “medical special damages,” or “specials.” This base amount is then used to calculate the “general damages,” such as damages for pain and suffering, emotional damages, or other non-monetary losses.
Next, if the injuries are relatively minor, the adjuster will at most double the amount of special damages. If the injuries are more serious or painful, the adjuster may multiply specials by up to 5. In extreme cases, the adjuster may even multiply by up to 10.
After the adjuster adds on damages for lost income, an amount from which to begin negotiations is then ready to present.
How Fault Affects Your Recovery
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? An adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
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Types of Damages You May Recover
comparison car insurance
The types of damages an insurance company will typically pay for include the following:
comparison car insurance
Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. These expenses are recoverable if they result from your injury. The cost of a medical examination done for the purposes of litigation is generally not recoverable. If you are able to guesstimate how much your overall medical treatment will cost, you and your attorney may well be able to ballpark how much your entire claim is worth. Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards.
Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.
Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain to determine the damage amount to be awarded.
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Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.
Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.
Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.
comparison car insurance
Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits, the loss of which recovery is based, include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, how much care and companionship were given to the uninjured spouse, and the degree to which the above-mentioned benefits were lost.
Property Damage: Recovery for the value of property that was damaged.
Amount of Damages You May Recover
An insurance company typically looks first to how much money has been spent and/or lost by the injured person when determining recovery. You may expect to recover any money spent or lost as a result of your injury. There are damages, however, that are harder to place a dollar value on. This includes pain and suffering or mental anguish. An insurance company may use a formula to ascertain what an appropriate damage amount might be for these types of claims.
comparison car insurance
The formula might work like this: First, the insurance company’s adjuster adds up the total amount of medical expenses relating to the injury. These damages are referred to as “medical special damages,” or “specials.” This base amount is then used to calculate the “general damages,” such as damages for pain and suffering, emotional damages, or other non-monetary losses.
Next, if the injuries are relatively minor, the adjuster will at most double the amount of special damages. If the injuries are more serious or painful, the adjuster may multiply specials by up to 5. In extreme cases, the adjuster may even multiply by up to 10.
After the adjuster adds on damages for lost income, an amount from which to begin negotiations is then ready to present.
How Fault Affects Your Recovery
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? An adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
Automobile Accidents and Bodily Injuries
Have you or your loved ones ever been the victim of a motor vehicle accident and not sure where to turn? Being involved in an accident can be somewhat frightening and also overwhelming, especially in dealing with the insurance company and their appointed adjusters. If you are not familiar with insurance terms, guidelines, procedures, and have sustained a bodily injury, and need assistance on pursuing a claim, you’ve come to the right place.
car insurance quote comparison
A car accident or car crash is an incident in which an automobile collides with anything that causes damage to the automobile, including other automobiles, telephone poles, buildings or trees, or in which the driver loses control of the vehicle and damages it in some other way, such as driving into a ditch or rolling over. Sometimes a car accident may also refer to an automobile striking a human or animal.
car insurance quote comparison
An automobile to people can mean many things. For some, it is one of the most expensive purchases they will ever make. An automobile is a symbol of freedom, status or a way of life. The automobile is also is a lethal weapon that can injure and kill, destroying property or ruin lives. When a fatality occurs, automobile insurance can replace the vehicle and pay for medical bills but it cannot bring the dead ones back to life.
car insurance quote comparison
If you have or know someone involved in an accident, you’re lucky if you walked away with just a few bumps and bruises. There is a death every 13 minutes caused by a motor vehicle accident.
car insurance quote comparison
A car accident or car crash is an incident in which an automobile collides with anything that causes damage to the automobile, including other automobiles, telephone poles, buildings or trees, or in which the driver loses control of the vehicle and damages it in some other way, such as driving into a ditch or rolling over. Sometimes a car accident may also refer to an automobile striking a human or animal.
car insurance quote comparison
An automobile to people can mean many things. For some, it is one of the most expensive purchases they will ever make. An automobile is a symbol of freedom, status or a way of life. The automobile is also is a lethal weapon that can injure and kill, destroying property or ruin lives. When a fatality occurs, automobile insurance can replace the vehicle and pay for medical bills but it cannot bring the dead ones back to life.
car insurance quote comparison
If you have or know someone involved in an accident, you’re lucky if you walked away with just a few bumps and bruises. There is a death every 13 minutes caused by a motor vehicle accident.
How Do Insurers Value an Injury Claim?
Figuring out how much your accident injuries are worth is a critical aspect of any personal injury claim, and it's the part of a claim that is most difficult to determine; the amount varies depending on your very particular circumstances. Here is an overview of how insurance companies determine the value of a claim.
What an Insurance Company Must Compensate
To determine what your claim is worth, you must first know the types of damages for which you may be compensated. Usually, a person who is liable for an accident -- and therefore his or her liability insurance company -- must pay an injured person for:
medical care and related expensesincome lost because of the accident, because of time spent unable to work or undergoing treatment for injuriespermanent physical disability or disfigurementloss of family, social, and educational experiences, including missed school or training, vacation or recreation, or a special eventemotional damages, such as stress, embarrassment, depression, or strains on family relationships -- for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations, anddamaged property.The Insurance Company's Damages Formula
When determining compensation, it is usually simple to add up the money spent and money lost, but there is no precise way to put a dollar figure on pain and suffering or on missed experiences and lost opportunities. That's where an insurance company's damages formula comes in.
At the beginning of claim negotiations, an insurance adjuster adds up the total medical expenses related to the injury. These expenses are referred to as "medical special damages" or simply "specials." That's the base figure the adjuster uses to figure out how much to pay the injured person for pain, suffering, and other nonmonetary losses, which are called "general" damages.
When the injuries are relatively minor, the adjuster multiplies the amount of special damages by 1.5 or 2. When the injuries are particularly painful, serious, or long-lasting, the adjuster multiplies the amount of special damages by up to 5. (The multiplier may be as great as 10 in extreme cases. For information on exactly how an adjuster determines the multiplier, see How to Win Your Personal Injury Claim, by Joseph L. Matthews (Nolo).)
The adjuster then adds on any income lost as a result of the injuries.
That's all there is to the formula. However, this figure -- medical specials multiplied by a number between 1.5 and 5, then added to lost income -- is not a final compensation amount but only the number from which negotiations begin.
Percentage of Fault
The extent each person is at fault is the most important factor affecting how much the insurance company is likely to pay. The damages formula gives you a range of how much your injuries might be worth, but only after you figure in the question of fault do you know the actual compensation value of your claim -- that is, how much an insurance company will pay you.
Determining fault for an accident is not an exact science, but in most claims both you and the insurance adjuster will at least have a good idea whether the insured person was entirely at fault, or if you were a little at fault, or if you were a lot at fault. Whatever that rough percentage of your comparative fault might be -- 10%, 50%, 75% -- is the amount by which the damages formula total will be reduced to arrive at a final figure.
What an Insurance Company Must Compensate
To determine what your claim is worth, you must first know the types of damages for which you may be compensated. Usually, a person who is liable for an accident -- and therefore his or her liability insurance company -- must pay an injured person for:
medical care and related expensesincome lost because of the accident, because of time spent unable to work or undergoing treatment for injuriespermanent physical disability or disfigurementloss of family, social, and educational experiences, including missed school or training, vacation or recreation, or a special eventemotional damages, such as stress, embarrassment, depression, or strains on family relationships -- for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations, anddamaged property.The Insurance Company's Damages Formula
When determining compensation, it is usually simple to add up the money spent and money lost, but there is no precise way to put a dollar figure on pain and suffering or on missed experiences and lost opportunities. That's where an insurance company's damages formula comes in.
At the beginning of claim negotiations, an insurance adjuster adds up the total medical expenses related to the injury. These expenses are referred to as "medical special damages" or simply "specials." That's the base figure the adjuster uses to figure out how much to pay the injured person for pain, suffering, and other nonmonetary losses, which are called "general" damages.
When the injuries are relatively minor, the adjuster multiplies the amount of special damages by 1.5 or 2. When the injuries are particularly painful, serious, or long-lasting, the adjuster multiplies the amount of special damages by up to 5. (The multiplier may be as great as 10 in extreme cases. For information on exactly how an adjuster determines the multiplier, see How to Win Your Personal Injury Claim, by Joseph L. Matthews (Nolo).)
The adjuster then adds on any income lost as a result of the injuries.
That's all there is to the formula. However, this figure -- medical specials multiplied by a number between 1.5 and 5, then added to lost income -- is not a final compensation amount but only the number from which negotiations begin.
Percentage of Fault
The extent each person is at fault is the most important factor affecting how much the insurance company is likely to pay. The damages formula gives you a range of how much your injuries might be worth, but only after you figure in the question of fault do you know the actual compensation value of your claim -- that is, how much an insurance company will pay you.
Determining fault for an accident is not an exact science, but in most claims both you and the insurance adjuster will at least have a good idea whether the insured person was entirely at fault, or if you were a little at fault, or if you were a lot at fault. Whatever that rough percentage of your comparative fault might be -- 10%, 50%, 75% -- is the amount by which the damages formula total will be reduced to arrive at a final figure.
Tuesday, July 26, 2011
Injury Claims
If you or a ancestors affiliate has suffered an abrasion afterward an accident, you could be advantaged to accomplish a claimed abrasion claim. Our affable claimed abrasion attorneys accept years of acquaintance in allowance the innocent victims of accidents throughout the UK. All of our abrasion claims are fabricated on a no win no fee basis. This enables abrasion claims to be fabricated after any banking risk, acceptable admission to amends for bags of bodies anniversary and every year.
Making a claimed abrasion affirmation can be time-consuming as able-bodied as complicated, but with the admonition of our accomplished claimed abrasion solicitors, the claims action can be fabricated abundant added simple and hassle-free. At www.injuryclaims.co.uk, we can put you in acquaintance with able abrasion claims attorneys who accept the ability and ability to admonition with your accurate abrasion claim. Some of the accepted types of abrasion claims that we accept acquaintance administration include:
car blow claims
motorbike blow claims
work blow claims
medical apathy claims
product accountability claims
slips, trips and falls
industrial ache claims
other types of claimed abrasion claims
Injury Claims Advice
If you accept suffered an blow or abrasion due to the apathy of addition else, it is important for you to seek able acknowledged admonition and get your abrasion affirmation underway as anon as possible. It is important to get absolute admonition in adjustment to accept your acknowledged rights and acquisition out the abeyant success of your claim. Our claimed abrasion attorneys accept years of acquaintance in this acreage and we accept helped bags of bodies access the best advantage for their abrasion and losses.
When you accept our claimed abrasion attorneys to represent your claim, you can blow assured that we accept 18-carat absorption in your affirmation and we will booty all the all-important accomplish to ensure that you accept the advantage that you deserve. We affliction about our audience and their needs and we will do whatever it takes to aftermath the best after-effects for you.
No Win No Fee Abrasion Claims
Our accomplished claimed abrasion attorneys assignment on a No Win No Fee basis, which agency that if you don’t win your claim, you don’t accept to pay us anything. If you win your claim, you will accept every penny of the advantage you are awarded and if you lose, you are adequate from all acknowledged costs and fees. Our account to you is absolutely blow and
cost chargeless and you additionally don’t accept to anguish about any hidden accuse because there are none.
Start An Abrasion Affirmation Today
Making abrasion claims with www.injuryclaims.co.uk attorneys is simple and fast. It alone takes a few account to complete our online affirmation anatomy and one of our abrasion claims attorneys will alarm you aback to altercate your claim. Alternatively, you can accord us a alarm on our chargeless buzz cardinal and allege anon to our abrasion claims solicitors. At www.injuryclaims.co.uk, we strive to access the best advantage for your pain, adversity and banking losses. We additionally agreement that you will accept 100% advantage after any deductions if your abrasion claims is successful.
Making a claimed abrasion affirmation can be time-consuming as able-bodied as complicated, but with the admonition of our accomplished claimed abrasion solicitors, the claims action can be fabricated abundant added simple and hassle-free. At www.injuryclaims.co.uk, we can put you in acquaintance with able abrasion claims attorneys who accept the ability and ability to admonition with your accurate abrasion claim. Some of the accepted types of abrasion claims that we accept acquaintance administration include:
car blow claims
motorbike blow claims
work blow claims
medical apathy claims
product accountability claims
slips, trips and falls
industrial ache claims
other types of claimed abrasion claims
Injury Claims Advice
If you accept suffered an blow or abrasion due to the apathy of addition else, it is important for you to seek able acknowledged admonition and get your abrasion affirmation underway as anon as possible. It is important to get absolute admonition in adjustment to accept your acknowledged rights and acquisition out the abeyant success of your claim. Our claimed abrasion attorneys accept years of acquaintance in this acreage and we accept helped bags of bodies access the best advantage for their abrasion and losses.
When you accept our claimed abrasion attorneys to represent your claim, you can blow assured that we accept 18-carat absorption in your affirmation and we will booty all the all-important accomplish to ensure that you accept the advantage that you deserve. We affliction about our audience and their needs and we will do whatever it takes to aftermath the best after-effects for you.
No Win No Fee Abrasion Claims
Our accomplished claimed abrasion attorneys assignment on a No Win No Fee basis, which agency that if you don’t win your claim, you don’t accept to pay us anything. If you win your claim, you will accept every penny of the advantage you are awarded and if you lose, you are adequate from all acknowledged costs and fees. Our account to you is absolutely blow and
cost chargeless and you additionally don’t accept to anguish about any hidden accuse because there are none.
Start An Abrasion Affirmation Today
Making abrasion claims with www.injuryclaims.co.uk attorneys is simple and fast. It alone takes a few account to complete our online affirmation anatomy and one of our abrasion claims attorneys will alarm you aback to altercate your claim. Alternatively, you can accord us a alarm on our chargeless buzz cardinal and allege anon to our abrasion claims solicitors. At www.injuryclaims.co.uk, we strive to access the best advantage for your pain, adversity and banking losses. We additionally agreement that you will accept 100% advantage after any deductions if your abrasion claims is successful.
Motorbike and cycle accident compensation
If you are afflicted in a motorbike or bike blow - whether it is simple able-bodied or article added austere it is account award out if you can affirmation blow advantage for those injuries. You can get in blow with our specialist attorneys to see if you accept a affirmation - aloof ample in a simple online form, or ask us to alarm you.
car insurance quotes comparison
Basically a motorbike blow is advised in law in aloof the aforementioned way as any added blazon of accident. The afflicted affair needs to authorize that the blow is addition (or something) else's accountability (or at atomic partly someone/something else's fault).
car insurance quotes comparison
By law all drivers and riders charge accept at atomic third affair allowance cover. This agency that their insurers will aces up the bill if the disciplinarian causes an blow and abrasion to any added affair (including any passengers, whether accompanying to the disciplinarian or not). If you are adverse abundant to be complex in an blow with an uninsured driver, or with a disciplinarian who doesn't stop afterwards the accident, again your affirmation is acceptable to be covered by a appropriate acceding covered by the Motor Insurers' Bureau (the MIB see www.mib.org.uk) an organisation set up accurately to awning such incidents.
If you are complex in a alley cartage blow try and chase these basal steps
car insurance quotes comparison
If your are complex in an blow in which addition added than you has been afflicted or blow has been acquired to another's acreage or animal, again you charge stop and accord your name and abode (and the name and abode of the buyer of the agent if not you) and your allotment number, and allowance capacity if you accept them, to any added parties involved
if such an blow occurs again you charge abode the blow to the badge aural 24 hours to the police, if you accept not chock-full and/or not been able to accommodate your name and address, car allotment cardinal and allowance capacity to the added parties
make abiding you accept a agenda of the accomplish colour and archetypal of any added cartage involved, calm with their cardinal plate
note any blow to added cartage involved
make a agenda of the added drivers' names and addresses
make a agenda of any attestant names and addresses
we admonish that you alarm the badge in all but the best aboveboard of "prangs"
do not accomplish any admissions about liability
try and draw a asperous account plan of the blow arena and area the cartage concluded up (if accessible go aback afterwards and booty some able measurements)
as anon as you are able address bottomward your adaptation of what happened
car insurance quotes comparison
notify your insurers as anon as you can afterwards the accident
if you accept suffered any abrasion at all get it arrested out by a doctor
If you anticipate you may accept a affirmation again amuse complete our simple online affirmation anatomy and they will alarm you.
car insurance quotes comparison
Basically a motorbike blow is advised in law in aloof the aforementioned way as any added blazon of accident. The afflicted affair needs to authorize that the blow is addition (or something) else's accountability (or at atomic partly someone/something else's fault).
car insurance quotes comparison
By law all drivers and riders charge accept at atomic third affair allowance cover. This agency that their insurers will aces up the bill if the disciplinarian causes an blow and abrasion to any added affair (including any passengers, whether accompanying to the disciplinarian or not). If you are adverse abundant to be complex in an blow with an uninsured driver, or with a disciplinarian who doesn't stop afterwards the accident, again your affirmation is acceptable to be covered by a appropriate acceding covered by the Motor Insurers' Bureau (the MIB see www.mib.org.uk) an organisation set up accurately to awning such incidents.
If you are complex in a alley cartage blow try and chase these basal steps
car insurance quotes comparison
If your are complex in an blow in which addition added than you has been afflicted or blow has been acquired to another's acreage or animal, again you charge stop and accord your name and abode (and the name and abode of the buyer of the agent if not you) and your allotment number, and allowance capacity if you accept them, to any added parties involved
if such an blow occurs again you charge abode the blow to the badge aural 24 hours to the police, if you accept not chock-full and/or not been able to accommodate your name and address, car allotment cardinal and allowance capacity to the added parties
make abiding you accept a agenda of the accomplish colour and archetypal of any added cartage involved, calm with their cardinal plate
note any blow to added cartage involved
make a agenda of the added drivers' names and addresses
make a agenda of any attestant names and addresses
we admonish that you alarm the badge in all but the best aboveboard of "prangs"
do not accomplish any admissions about liability
try and draw a asperous account plan of the blow arena and area the cartage concluded up (if accessible go aback afterwards and booty some able measurements)
as anon as you are able address bottomward your adaptation of what happened
car insurance quotes comparison
notify your insurers as anon as you can afterwards the accident
if you accept suffered any abrasion at all get it arrested out by a doctor
If you anticipate you may accept a affirmation again amuse complete our simple online affirmation anatomy and they will alarm you.
Accident Claims Advice: UK claims company - personal injury compensation specialists
ccident Claims Admonition is a close adapted by the Attorneys Regulation Authority (SRA). Our able rules can be accessed via the Law Society Website
We action a aboriginal chic claimed abrasion advantage account to the accepted attainable by calmly managing the complete claims action from antecedent analysis through to final settlement.
Every day, we admonition to acknowledgment those questions and apropos our visitors may accept apropos to the claimed abrasion advantage claims process. We can accord with your case from alpha to finish, acclaim or admonition accept a solicitor, and canyon capacity assimilate any of our civic console of absolutely able claimed abrasion attorneys who may be able to accord with abrasion claims.
The attorneys aural our arrangement accept been anxiously called as experts in their field, accomplishing the accomplished levels of compensation.
Accident Claims Admonition has fast become one of the UK's arch claimed abrasion portals, accouterment admission to claims on the net, online acknowledged admonition and blow and abrasion advantage admonition and in a quicker and added attainable anatomy than anytime before.
If you accept suffered an abrasion or austere injuries as a aftereffect of an blow in the aftermost three years that wasn't your fault, this website will accommodate admired admonition to abetment you in your affirmation for compensation.
We action a aboriginal chic claimed abrasion advantage account to the accepted attainable by calmly managing the complete claims action from antecedent analysis through to final settlement.
Every day, we admonition to acknowledgment those questions and apropos our visitors may accept apropos to the claimed abrasion advantage claims process. We can accord with your case from alpha to finish, acclaim or admonition accept a solicitor, and canyon capacity assimilate any of our civic console of absolutely able claimed abrasion attorneys who may be able to accord with abrasion claims.
The attorneys aural our arrangement accept been anxiously called as experts in their field, accomplishing the accomplished levels of compensation.
Accident Claims Admonition has fast become one of the UK's arch claimed abrasion portals, accouterment admission to claims on the net, online acknowledged admonition and blow and abrasion advantage admonition and in a quicker and added attainable anatomy than anytime before.
If you accept suffered an abrasion or austere injuries as a aftereffect of an blow in the aftermost three years that wasn't your fault, this website will accommodate admired admonition to abetment you in your affirmation for compensation.
Personal injury accident claims advice
General advice about claiming is accessible on this armpit but if you would like to allege to addition about an absolute affirmation amuse bang on the abyssal links to acquisition attorneys in your area. The attorneys featured action no win no fee agreements with a advanced ambit of acquaintance in all case types. There is no obligation to use the casework of any adviser should you alarm them to ask questions.
car insurance comparison
Call now on 0800 567 7133 or Affirmation Online!
No Win No Fee advantage claims
car insurance comparison
Making a claimed abrasion affirmation in the UK should consistently absorb no fees to the being who has accustomed the blow abrasion as all acknowledged costs should be paid by the third affair should the advantage affirmation be successful. In the blow that your blow abrasion affirmation is un-successful best abrasion attorneys will accept already agreed to a no win no fee adjustment with the claimed blow victim they are apery - whether this is through a acknowledged allowance action depends on the abrasion attorneys own standards of practice. Not all blow claims can accept this no fees arrangement, but these tend to accommodate alone claimed injuries that accept occurred from medical apathy as the advantage claims action in these types of abrasion accidents is diffuse and sometimes speculative. The aforementioned applies to bent abrasion claims and Scottish claims. Best claimed accidents that action in Scotland are additionally accountable to abrasion adviser fees but these are about alone if the affirmation is successful. Consistently analysis and get accounting acceptance from the abrasion advocate you accept called to advice you with your accidents claim.
car insurance comparison
Making an blow advantage claim
Personal abrasion advantage is not a action win, an abrasion affirmation should alone be fabricated area blow injuries accept occurred that accept acquired you affliction and adversity and/or banking loss. Accidents advantage will not be paid out for abreast misses (e.g. assigned the amiss drugs by GP but pharmacist noticed) or a claimed abrasion that does not absolutely affect your activity (e.g. a cut on your duke that heals bound and after fuss). Just because you accept been afflicted does not beggarly you will absolutely get blow compensations no amount how acceptable your abrasion advocate ability be. Remember, for an injuries affirmation to be acknowledged you will charge affirmation from an abrasion specialist such as a doctor for your claimed abrasion adviser to alike activate the blow advantage process. Injuries advantage amounts are based on the absolute adversity felt, not on how abundant money the action has or what the cloister considers a applicable abuse (unlike abrasion advantage in the US) and is about affected by an injuries specialist.
Engaging a claimed abrasion solicitor
Every abrasion adviser should action you a no win, no fee adjustment area you are not answerable whether the abrasion claims are acknowledged or not. Not every bearings is the aforementioned but the injuries advocate that you allege to will altercate all the options apropos your advantage claims with no obligation on your part. The abrasion specialists we acquaint on this armpit are about continued appellation accustomed absolute acknowledged firms, abounding of whom are the leaders in their field.*
car insurance comparison
Call now on 0800 567 7133 or Affirmation Online!
No Win No Fee advantage claims
car insurance comparison
Making a claimed abrasion affirmation in the UK should consistently absorb no fees to the being who has accustomed the blow abrasion as all acknowledged costs should be paid by the third affair should the advantage affirmation be successful. In the blow that your blow abrasion affirmation is un-successful best abrasion attorneys will accept already agreed to a no win no fee adjustment with the claimed blow victim they are apery - whether this is through a acknowledged allowance action depends on the abrasion attorneys own standards of practice. Not all blow claims can accept this no fees arrangement, but these tend to accommodate alone claimed injuries that accept occurred from medical apathy as the advantage claims action in these types of abrasion accidents is diffuse and sometimes speculative. The aforementioned applies to bent abrasion claims and Scottish claims. Best claimed accidents that action in Scotland are additionally accountable to abrasion adviser fees but these are about alone if the affirmation is successful. Consistently analysis and get accounting acceptance from the abrasion advocate you accept called to advice you with your accidents claim.
car insurance comparison
Making an blow advantage claim
Personal abrasion advantage is not a action win, an abrasion affirmation should alone be fabricated area blow injuries accept occurred that accept acquired you affliction and adversity and/or banking loss. Accidents advantage will not be paid out for abreast misses (e.g. assigned the amiss drugs by GP but pharmacist noticed) or a claimed abrasion that does not absolutely affect your activity (e.g. a cut on your duke that heals bound and after fuss). Just because you accept been afflicted does not beggarly you will absolutely get blow compensations no amount how acceptable your abrasion advocate ability be. Remember, for an injuries affirmation to be acknowledged you will charge affirmation from an abrasion specialist such as a doctor for your claimed abrasion adviser to alike activate the blow advantage process. Injuries advantage amounts are based on the absolute adversity felt, not on how abundant money the action has or what the cloister considers a applicable abuse (unlike abrasion advantage in the US) and is about affected by an injuries specialist.
Engaging a claimed abrasion solicitor
Every abrasion adviser should action you a no win, no fee adjustment area you are not answerable whether the abrasion claims are acknowledged or not. Not every bearings is the aforementioned but the injuries advocate that you allege to will altercate all the options apropos your advantage claims with no obligation on your part. The abrasion specialists we acquaint on this armpit are about continued appellation accustomed absolute acknowledged firms, abounding of whom are the leaders in their field.*
Injury Lawyers
We recognise that actuality afflicted in an blow can be stressful. Our console of claimed abrasion attorneys are specialised in claiming advantage for non accountability accidents, so you are affirmed that your affirmation is in the best accessible hands. You can additionally be assured that our claimed abrasion attorneys will accord with all claimants to a actual aerial accepted of claimed account and attention.
We assignment with a arrangement of specialists abrasion attorneys about the country, who accord with all claimants to a actual aerial accepted of claimed account and attention.
Simply ample in our affirmation anatomy and one of our affirmation admiral will be able to asses in account if they anticipate our specialist abrasion attorneys maybe able to admonition you with your affirmation they shall accelerate your capacity beyond to the accordant lawyer.
0800 0199 299 or Affirmation Online
Free claimed abrasion claims advice
All our attorneys & attorneys assignment beneath a able cipher of conduct and will be able to accord you chargeless admonition on your claim, as able-bodied as an appraisal on the bulk of advantage you could accept depending on your injuries, if you are successful.
Our abrasion attorneys aim to accomplish the blow claims action as simple, fast and stress-free for you as possible, and are there to acknowledgment any worries you may have.
Personal abrasion claims beneath no win no fee *
We accomplish on a no win no fee * basis, so the accomplished account will not amount you a penny to enquire or affirmation – not alike any abrasion lawyers’ fees. If successful, you will accumulate 100% advantage with no deductions. You do not pay Accidents Direct any fees or costs either.
We assignment with a arrangement of specialists abrasion attorneys about the country, who accord with all claimants to a actual aerial accepted of claimed account and attention.
Simply ample in our affirmation anatomy and one of our affirmation admiral will be able to asses in account if they anticipate our specialist abrasion attorneys maybe able to admonition you with your affirmation they shall accelerate your capacity beyond to the accordant lawyer.
0800 0199 299 or Affirmation Online
Free claimed abrasion claims advice
All our attorneys & attorneys assignment beneath a able cipher of conduct and will be able to accord you chargeless admonition on your claim, as able-bodied as an appraisal on the bulk of advantage you could accept depending on your injuries, if you are successful.
Our abrasion attorneys aim to accomplish the blow claims action as simple, fast and stress-free for you as possible, and are there to acknowledgment any worries you may have.
Personal abrasion claims beneath no win no fee *
We accomplish on a no win no fee * basis, so the accomplished account will not amount you a penny to enquire or affirmation – not alike any abrasion lawyers’ fees. If successful, you will accumulate 100% advantage with no deductions. You do not pay Accidents Direct any fees or costs either.
Car Accident Claims
Car accidents can be stressful for all those involved, be it as a pedestrian, driver or passenger even if you have not sustained serious injuries. It is important to seek medical attention straight away, and perhaps thinking about the car accident claims process if the accident was not your fault.
If you make a car accident claim, the insurers of the person responsible for the accident bear the cost of the claim and the compensation you are offered. Our specialist lawyers will work to ensure that you receive the maximum compensation you are entitled to for your injuries.
0800 0199 299 or Claim Online
It is compulsory for drivers of motor vehicles to have relevant insurance cover, so that in the event of an accident, cover is provided for all people who have been injured. Even if it was a hit and run, you can still claim compensation. Our specialist personal injury lawyers will be able to give you a clearer indication as to how much you can win for your car accident claim.
Road & car accident claims under no win no fee *
Accidents Direct work under a no win no fee * agreement which is a totally free scheme allowing you to make a free compensation claim for your personal injuries. We Guarantee you keep 100% of the compensation awarded to you and you at no stage will you be asked to pay towards the car accident claims process.
Although claiming cannot take away your pain, you can be at ease knowing your losses and expenses have been compensated for as well the stress and suffering you have had to endure. Through us you will keep 100% of your compensation recovered and pay absolutely nothing to claim through our completely free No Win No Fee * policy – ensuring all of our clients’ car accident claims are completely risk free.
Contact our freephone helpline on 0800 0199 299 to see if you are entitled to claim compensation or simply fill out our brief online claim form and one of our staff will contact you very shortly regarding you car accident claim.
For accident car hire, please click here.
If you make a car accident claim, the insurers of the person responsible for the accident bear the cost of the claim and the compensation you are offered. Our specialist lawyers will work to ensure that you receive the maximum compensation you are entitled to for your injuries.
0800 0199 299 or Claim Online
It is compulsory for drivers of motor vehicles to have relevant insurance cover, so that in the event of an accident, cover is provided for all people who have been injured. Even if it was a hit and run, you can still claim compensation. Our specialist personal injury lawyers will be able to give you a clearer indication as to how much you can win for your car accident claim.
Road & car accident claims under no win no fee *
Accidents Direct work under a no win no fee * agreement which is a totally free scheme allowing you to make a free compensation claim for your personal injuries. We Guarantee you keep 100% of the compensation awarded to you and you at no stage will you be asked to pay towards the car accident claims process.
Although claiming cannot take away your pain, you can be at ease knowing your losses and expenses have been compensated for as well the stress and suffering you have had to endure. Through us you will keep 100% of your compensation recovered and pay absolutely nothing to claim through our completely free No Win No Fee * policy – ensuring all of our clients’ car accident claims are completely risk free.
Contact our freephone helpline on 0800 0199 299 to see if you are entitled to claim compensation or simply fill out our brief online claim form and one of our staff will contact you very shortly regarding you car accident claim.
For accident car hire, please click here.
Dog Bite Claims
Dog Bite Claims
One of the more disturbing statistics on the increase in the UK is the rising figure of dog bites against humans and in particular young children. Dog bite attacks can be disturbing both in the injuries received and also the psychological effects that come after a dog bite attack.
Help Getting Compensation
If you or any of your children have suffered a dog bite attack then you may be eligible to claim compensation against the offending dogs owner. The Injury Lawyers can help you win compensation for your injuries from a dog bite claim.
What To do Next
Fill out our 'Get Free Advice' form shown right or call us Free on 0800 634 7575 to receive professional legal advice. All our claims are run under our 'No Win No Fee' policy which means you don’t have to pay a penny whether you win or lose your dog bite compensation claim.
One of the more disturbing statistics on the increase in the UK is the rising figure of dog bites against humans and in particular young children. Dog bite attacks can be disturbing both in the injuries received and also the psychological effects that come after a dog bite attack.
Help Getting Compensation
If you or any of your children have suffered a dog bite attack then you may be eligible to claim compensation against the offending dogs owner. The Injury Lawyers can help you win compensation for your injuries from a dog bite claim.
What To do Next
Fill out our 'Get Free Advice' form shown right or call us Free on 0800 634 7575 to receive professional legal advice. All our claims are run under our 'No Win No Fee' policy which means you don’t have to pay a penny whether you win or lose your dog bite compensation claim.
The Injury Lawyers, Helping You Claim Compensation
At, The Injury Lawyers, we have one aim in mind and that is to provide you with the best level of service and advice possible in pursuing a claim for compensation for your injuries. Our commitment to you is something we take very serious and great pride in, you can see for yourselves just how much our work ethic is rated by our clients by visiting our ever-increasing 'Client Testimonial' page.
There is no secret to our success, just sheer hard work and the ability to do our job really well that makes The Injury Lawyers one of the UK's leading personal injury claims lawyers.
What's The Cost of a Personal Injury Claim?
If we feel you have a legitimate right to make a compensation claim for your injury then we will fund your claim through our 'No Win No Fee' claims policy. Unlike, many other personal injury lawyers, all our clients are guaranteed 100% of the claim awarded to them if successful. We have never charged any of our clients a penny. A record that we are proud of at The Injury Lawyers.
The Principal Solicitor of the Firm is a Solicitor with many years of specialist Personal Injury experience, and being a member of APIL (The Association of Personal Injury Lawyers) is committed to providing the innocent victims of accidents with the highest levels of service and care.
Getting Your Claim Started
If you feel that you would like to speak to a real personal injury lawyer regarding your injury claim then feel free to contact us on 0800 634 7575 or if you prefer we contact you at a later time when it is more convenient, for yourself to talk, then fill out our 'Contact Claims Form' and The Injury Lawyers will call you back.
Remember, all our claims are handled by a real personal injury lawyer and NOT an unqualified claims handler. If you need proper, professional advice and help with your accident injury claim then get in contact with The Injury Lawyers – committed to getting you maximum compensation you deserve.
There is no secret to our success, just sheer hard work and the ability to do our job really well that makes The Injury Lawyers one of the UK's leading personal injury claims lawyers.
What's The Cost of a Personal Injury Claim?
If we feel you have a legitimate right to make a compensation claim for your injury then we will fund your claim through our 'No Win No Fee' claims policy. Unlike, many other personal injury lawyers, all our clients are guaranteed 100% of the claim awarded to them if successful. We have never charged any of our clients a penny. A record that we are proud of at The Injury Lawyers.
The Principal Solicitor of the Firm is a Solicitor with many years of specialist Personal Injury experience, and being a member of APIL (The Association of Personal Injury Lawyers) is committed to providing the innocent victims of accidents with the highest levels of service and care.
Getting Your Claim Started
If you feel that you would like to speak to a real personal injury lawyer regarding your injury claim then feel free to contact us on 0800 634 7575 or if you prefer we contact you at a later time when it is more convenient, for yourself to talk, then fill out our 'Contact Claims Form' and The Injury Lawyers will call you back.
Remember, all our claims are handled by a real personal injury lawyer and NOT an unqualified claims handler. If you need proper, professional advice and help with your accident injury claim then get in contact with The Injury Lawyers – committed to getting you maximum compensation you deserve.
Suffered an Accident at Work?
Your employer must provide you with a safe environment and adhere with a vast array of rules & regulations to ensure your safety within the workplace.
As every employer must adhere to strict Health and Safety regulations to ensure your safety, it is likely that if you have suffered an accident at work, then you could have a very strong compensation claim.
Accident at Work Compensation Claim
Under UK Law all employers are required to have adequate insurance cover in the unfortunate event of an accident at work happening. Any employer that is found to be threatening in any way to an employee while making an accident compensation claim can be heavily fined or even jailed. In any event all compensation claims will be met by the employers insurers.
If you've had an accident at work, it might have been due to:
Faulty or unsuitable work equipment
Dangerous working practices within the workplace
Exposure to dangerous materials within the workplace
Breaches of the Health & Safety legislation
Trip or slip hazards
Failure to provide correct training
Heavy lifting
Actions of work colleagues
As every employer must adhere to strict Health and Safety regulations to ensure your safety, it is likely that if you have suffered an accident at work, then you could have a very strong compensation claim.
Accident at Work Compensation Claim
Under UK Law all employers are required to have adequate insurance cover in the unfortunate event of an accident at work happening. Any employer that is found to be threatening in any way to an employee while making an accident compensation claim can be heavily fined or even jailed. In any event all compensation claims will be met by the employers insurers.
If you've had an accident at work, it might have been due to:
Faulty or unsuitable work equipment
Dangerous working practices within the workplace
Exposure to dangerous materials within the workplace
Breaches of the Health & Safety legislation
Trip or slip hazards
Failure to provide correct training
Heavy lifting
Actions of work colleagues
No Win No Fee Claims - What does it mean exactly?
Well, this depends on the Law Firm that you select to run your claim, as different Law Firms have different "No Win No Fee" agreements but the "No Win No Fee" agreement basically means, that if your Lawyers don't win your claim then they agree to have NO FEE (i.e. they agree to waive there fees if the claim is lost).
So, on a "No Win No Fee" the Lawyer gets Nothing - 'not a penny' if the claim is lost.
But what if you win your claim?
This is where the "No Win No Fee" agreement varies from Firm to Firm and where you have to be careful as some Law Firms might make deductions from your compensation as the term "No Win No Fee" in itself doesn't make clear what your Lawyer charges if they win your claim (as the term simply means that there is no fee if your claim is lost).
Under a "No Win No Fee" the Lawyer is obviously entitled to a fee if the claim is won but how this works and what the Lawyer charges under a "No Win No Fee" depends entirely on the actual "No Win No Fee" agreement.
Many Law Firms use the Standard Law Society Model which states the following:
If you win your claim, you pay our basic charges, our disbursements and a success fee. The amount of these is not based on or limited by the damages. You are entitled to seek recovery from your opponent of part or all of our basic charges, our disbursements, a success fee and insurance premium.
Many Law Firms (probably most) use the Standard Law Society Model "No Win No Fee Agreement" - which as stated above means that you are liable for the fee's if the claim is won but the lawyers seek to recover these fees from your opponent.
There is nothing wrong with Law Firms offering the Standard Law Society Model, it is after all the Standard Law Society Model.
We however go a step further and offer you added protection as in our "No Win No Fee" agreement, we actually agree to limit our fees to what we recover from the other party/insurers.
With The Injury Lawyers you get added peace of mind, knowing that we don't simply say, that we seek to recover our fees from the other insurers; we actually put it in black and white. So YOU can rely on our rather unique "No Win No Fee" agreement knowing that we specifically limit our fees to what we recover from the other party/insurers.
We therefore like to refer to our "No Win No Fee" as a "Genuine No Win No Fee"; as if we lose we have no fee and if we win then we limit our fees to what we recover from the other party or the insurers.
Let us give you an example where we win your claim:
Let's say you get awarded £4000.00 compensation. Well, we send you the full £4000.00 compensation as we don't take a penny from your compensation or make any hidden charges.
Let’s say our fee’s amount to £2000.00 but we only recover say £1200.00 in fees from the other party. We then simply write-off the £800.00 shortfall as we limit our fees to what we recover from the other party and WE DON’T seek any shortfall from you as we limit our fee’s to whatever we recover from the other side (insurers).
You can be sure, that with The Injury Lawyers you don't pay us a penny whatever the outcome of your claim.
So, on a "No Win No Fee" the Lawyer gets Nothing - 'not a penny' if the claim is lost.
But what if you win your claim?
This is where the "No Win No Fee" agreement varies from Firm to Firm and where you have to be careful as some Law Firms might make deductions from your compensation as the term "No Win No Fee" in itself doesn't make clear what your Lawyer charges if they win your claim (as the term simply means that there is no fee if your claim is lost).
Under a "No Win No Fee" the Lawyer is obviously entitled to a fee if the claim is won but how this works and what the Lawyer charges under a "No Win No Fee" depends entirely on the actual "No Win No Fee" agreement.
Many Law Firms use the Standard Law Society Model which states the following:
If you win your claim, you pay our basic charges, our disbursements and a success fee. The amount of these is not based on or limited by the damages. You are entitled to seek recovery from your opponent of part or all of our basic charges, our disbursements, a success fee and insurance premium.
Many Law Firms (probably most) use the Standard Law Society Model "No Win No Fee Agreement" - which as stated above means that you are liable for the fee's if the claim is won but the lawyers seek to recover these fees from your opponent.
There is nothing wrong with Law Firms offering the Standard Law Society Model, it is after all the Standard Law Society Model.
We however go a step further and offer you added protection as in our "No Win No Fee" agreement, we actually agree to limit our fees to what we recover from the other party/insurers.
With The Injury Lawyers you get added peace of mind, knowing that we don't simply say, that we seek to recover our fees from the other insurers; we actually put it in black and white. So YOU can rely on our rather unique "No Win No Fee" agreement knowing that we specifically limit our fees to what we recover from the other party/insurers.
We therefore like to refer to our "No Win No Fee" as a "Genuine No Win No Fee"; as if we lose we have no fee and if we win then we limit our fees to what we recover from the other party or the insurers.
Let us give you an example where we win your claim:
Let's say you get awarded £4000.00 compensation. Well, we send you the full £4000.00 compensation as we don't take a penny from your compensation or make any hidden charges.
Let’s say our fee’s amount to £2000.00 but we only recover say £1200.00 in fees from the other party. We then simply write-off the £800.00 shortfall as we limit our fees to what we recover from the other party and WE DON’T seek any shortfall from you as we limit our fee’s to whatever we recover from the other side (insurers).
You can be sure, that with The Injury Lawyers you don't pay us a penny whatever the outcome of your claim.
Must I pay anything?
he basic rule in a personal injury case in England and Wales is that "costs follow the event".
The rule is also sometimes described as the "loser pays".
In other words, if I win your case, the opponents' insurers will have to pay:
Your compensation
Your legal costs
This applies whether or not your claim is based upon no win no fee legal advice. Even with other methods of funding the rule still applies.
Who pays the other side's legal costs?
If your case is successful, then the other side will have to meet their own legal costs.
However, if your case is defeated, then you would have to meet the other side's costs. To protect you against this risk, litigation insurance can be arranged in certain cases.
The "loser pays" rule applies whether or not your claim is funded by way of a no win no fee agreement.
What is litigation insurance, and how does this apply in a no win no fee case?
A no win no fee compensation claim can be advanced with or without the protection of litigation insurance.
I can arrange litigation insurance in most cases on a "deferred premium" basis, at no cost to the client.
I do not insist on insuring every single claim.
Generally speaking, in an entirely straightforward claim, litigation insurance is an unnecessary expense.
However, for more unpredictable claims, litigation insurance gives peace of mind. The cost of the premium can normally be reclaimed in full from the opponent at the end of the case, and so you do not have to pay anything.
Why is litigation insurance recommended in certain no win no fee cases?
Realistically, a successful outcome to your claim can never be fully guaranteed.
I carry out a risk assessment at the commencement of each no win no fee claim. However, at the end of the day it is not possible to eliminate hazards such as:
An unsympathetic judge
Witnesses failing to support you
Flaws appearing in the medical evidence
Fresh evidence appearing which undermines your case.
As mentioned above, if it is agreed that your case should be insured, then the cost of the premium is reclaimed from the opponent at the conclusion.
Will there be any deductions from my compensation, assuming a successful outcome?
In the great majority of cases, I make no deductions from your damages, thereby leaving you with 100% of the final award.
There are certain exceptions to the above general rule, in particular the minority of cases where:
Limitation is about to expire when instructions are first accepted
The claim has already been started by other solicitors, before being abandoned or transferred
As a result of exaggeration, we fail to beat a previous defendants' offer
If any of the above factors apply, I will alert you to the likely position at the earliest possible stage and discuss matters with you fully before agreeing to proceed.
What is the normal outcome in a successful no win no fee personal injury claim?
The normal outcome in a successful no win no fee claim is that the opponents will pay your compensation.
Additionally, they must also pay your legal costs, including the litigation insurance premium (if insurance has been taken out).
Finally, the opponents must meet their own legal costs.
The rule is also sometimes described as the "loser pays".
In other words, if I win your case, the opponents' insurers will have to pay:
Your compensation
Your legal costs
This applies whether or not your claim is based upon no win no fee legal advice. Even with other methods of funding the rule still applies.
Who pays the other side's legal costs?
If your case is successful, then the other side will have to meet their own legal costs.
However, if your case is defeated, then you would have to meet the other side's costs. To protect you against this risk, litigation insurance can be arranged in certain cases.
The "loser pays" rule applies whether or not your claim is funded by way of a no win no fee agreement.
What is litigation insurance, and how does this apply in a no win no fee case?
A no win no fee compensation claim can be advanced with or without the protection of litigation insurance.
I can arrange litigation insurance in most cases on a "deferred premium" basis, at no cost to the client.
I do not insist on insuring every single claim.
Generally speaking, in an entirely straightforward claim, litigation insurance is an unnecessary expense.
However, for more unpredictable claims, litigation insurance gives peace of mind. The cost of the premium can normally be reclaimed in full from the opponent at the end of the case, and so you do not have to pay anything.
Why is litigation insurance recommended in certain no win no fee cases?
Realistically, a successful outcome to your claim can never be fully guaranteed.
I carry out a risk assessment at the commencement of each no win no fee claim. However, at the end of the day it is not possible to eliminate hazards such as:
An unsympathetic judge
Witnesses failing to support you
Flaws appearing in the medical evidence
Fresh evidence appearing which undermines your case.
As mentioned above, if it is agreed that your case should be insured, then the cost of the premium is reclaimed from the opponent at the conclusion.
Will there be any deductions from my compensation, assuming a successful outcome?
In the great majority of cases, I make no deductions from your damages, thereby leaving you with 100% of the final award.
There are certain exceptions to the above general rule, in particular the minority of cases where:
Limitation is about to expire when instructions are first accepted
The claim has already been started by other solicitors, before being abandoned or transferred
As a result of exaggeration, we fail to beat a previous defendants' offer
If any of the above factors apply, I will alert you to the likely position at the earliest possible stage and discuss matters with you fully before agreeing to proceed.
What is the normal outcome in a successful no win no fee personal injury claim?
The normal outcome in a successful no win no fee claim is that the opponents will pay your compensation.
Additionally, they must also pay your legal costs, including the litigation insurance premium (if insurance has been taken out).
Finally, the opponents must meet their own legal costs.
How Much Compensation Will I Get?
Personal injury "quantum", to use the legal term, is normally assessed by putting together the following two constituent aspects:
"General Damages"
(or compensation for your pain, suffering and loss of amenity), and
"Special Damages"
(or compensation for your loss of earnings and other financial losses).
General Damages
The assessment of general damages for pain, suffering and loss of amenity is based broadly on the decisions in previous similar accident claims made by trial judges.
Such precedents are available in reference works such as, among others:
The Judicial Studies Board Guidelines
Kemp & Kemp
Current Law.
In each case a comparative judgment needs to be made when considering the likely quantum of general damages.
However, there are a number of factors which will usually be taken into account when assessing this aspect of your claim.
These include, amongst others:
The nature and severity of your personal injury and consequent symptoms
Your age
Your occupation
The extent to which your injury interrupts your job (in some cases requiring finding alternative work or retiring from work early)
Your leisure activities
Your domestic responsibilities and the extent to which your injury interferes with these.
Loss of congenial employment
In some accident claim cases, compensation will be awarded for "loss of congenial employment".
If the person who has suffered personal injury can demonstrate that they derived particular enjoyment from their job, which they were prevented from continuing by virtue of of their accident, then additional damages may be awarded.
Handicap on the open labour market
Sometimes compensation can be awarded for "handicap on the open labour market".
This situation will apply where the accident victim is able to remain at work despite their personal injury, but their employment is less secure than before.
In order for your accident claim successfully to include this head of damages, we have to show that if the person were to be dismissed from their job, then they would have difficulty in getting similar work in the future.
Special Damages
If your accident has caused you to spend time off work, then the likelihood is that there will be a claim for your loss of earnings. This is normally calculated by a taking the average of your wages over a 13 week period prior to your accident.
If your injury is serious enough to make you leave your job, then a claim can be made for your future loss of earnings. This claim comprises the earnings that you would have achieved, but for your accident.
In some cases, your injury may have caused a disability that prevents you from performing various tasks about the house, for example decorating, gardening, housework or car maintenance.
If you have had to get family or friends to carry out these tasks for you, then a claim can be made in respect of their time incurred.
The basis for this part of your accident claim is that if such individuals were not available, that such assistance would need to be provided by the state.
A claim can also be made for your miscellaneous losses and expenses incurred. If you have needed to make visits to your hospital or GP for treatment, then your travel expenses can be included in your compensation claim.
In some cases your clothing may have been damaged in the accident and therefore the replacement costs are also be included in your accident claim as well.
CRU Repayments
If you have been receiving money from the State as a result of your absence from work, then at the end of the case some of this will have to be refunded to the Compensation Recovery Unit.
Briefly, the purpose of this is to prevent 'double recovery'. If you have received compensation for your loss of earnings, as well as unemployment benefits, then you would otherwise be compensated twice over in respect of the same losses.
"General Damages"
(or compensation for your pain, suffering and loss of amenity), and
"Special Damages"
(or compensation for your loss of earnings and other financial losses).
General Damages
The assessment of general damages for pain, suffering and loss of amenity is based broadly on the decisions in previous similar accident claims made by trial judges.
Such precedents are available in reference works such as, among others:
The Judicial Studies Board Guidelines
Kemp & Kemp
Current Law.
In each case a comparative judgment needs to be made when considering the likely quantum of general damages.
However, there are a number of factors which will usually be taken into account when assessing this aspect of your claim.
These include, amongst others:
The nature and severity of your personal injury and consequent symptoms
Your age
Your occupation
The extent to which your injury interrupts your job (in some cases requiring finding alternative work or retiring from work early)
Your leisure activities
Your domestic responsibilities and the extent to which your injury interferes with these.
Loss of congenial employment
In some accident claim cases, compensation will be awarded for "loss of congenial employment".
If the person who has suffered personal injury can demonstrate that they derived particular enjoyment from their job, which they were prevented from continuing by virtue of of their accident, then additional damages may be awarded.
Handicap on the open labour market
Sometimes compensation can be awarded for "handicap on the open labour market".
This situation will apply where the accident victim is able to remain at work despite their personal injury, but their employment is less secure than before.
In order for your accident claim successfully to include this head of damages, we have to show that if the person were to be dismissed from their job, then they would have difficulty in getting similar work in the future.
Special Damages
If your accident has caused you to spend time off work, then the likelihood is that there will be a claim for your loss of earnings. This is normally calculated by a taking the average of your wages over a 13 week period prior to your accident.
If your injury is serious enough to make you leave your job, then a claim can be made for your future loss of earnings. This claim comprises the earnings that you would have achieved, but for your accident.
In some cases, your injury may have caused a disability that prevents you from performing various tasks about the house, for example decorating, gardening, housework or car maintenance.
If you have had to get family or friends to carry out these tasks for you, then a claim can be made in respect of their time incurred.
The basis for this part of your accident claim is that if such individuals were not available, that such assistance would need to be provided by the state.
A claim can also be made for your miscellaneous losses and expenses incurred. If you have needed to make visits to your hospital or GP for treatment, then your travel expenses can be included in your compensation claim.
In some cases your clothing may have been damaged in the accident and therefore the replacement costs are also be included in your accident claim as well.
CRU Repayments
If you have been receiving money from the State as a result of your absence from work, then at the end of the case some of this will have to be refunded to the Compensation Recovery Unit.
Briefly, the purpose of this is to prevent 'double recovery'. If you have received compensation for your loss of earnings, as well as unemployment benefits, then you would otherwise be compensated twice over in respect of the same losses.
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