Personal Injury Claims
We see the headlines in the papers almost every day, people injured in car accidents, industrial accidents or hazards on the street or in a shop. The medical care necessary to help patients recover from these injuries can be extensive and expensive and personal savings or medical cover may not compensate the injured person for all the costs incurred, especially if a chronic condition results from the injury. In these cases a personal injury claim may be the vehicle required to reclaim the losses involved.
Personal injury claims can be complicated, as they often involve multiple parties. Engaging the services of a solicitor is often the only sure way to successfully navigate the personal injury claims process, but do ensure you choose someone who is a member of the Law Society. There are online and toll-free telephone services that can refer you to a solicitor in your area and many of them offer a free consultation to establish the facts of the claim.
You can make the claims process smoother for yourself and your solicitor by providing clear details of the incident, including the date and location and the names and contact information of any witnesses. Your solicitor will also require comprehensive information regarding any injuries you and other parties have sustained, including the medical diagnosis and treatment, if any. Your standing in a trade union may entitle you to free or reduced legal services and your solicitor will want to know if this applies in your case. Information will have to be provided on your earnings, including lost time and wages; any insurance policies and any prior claims, whether you think they are related to your current claim or not.
Personal injury claims can be handled on a fee-for-service scheme, whereby you pay for the services of the solicitor as the claim proceeds. They can also be paid on a no-win-no-fee scheme, which means the solicitor only receives payment if the claim is successful. Not every solicitor operates on a no-win-no-fee basis, so be sure to ask about this up front if you wish to take advantage of this scheme.
Interview at least three solicitors before choosing the one for you. The claims process can be a long and arduous one and you want someone with whom you can maintain a good working relationship. Start with a referral from a no-fee personal injury service; remember referrals from the garage where your vehicle was repaired or from your insurance company are often compensated and may not be strictly in your best interest. You may choose to start instead with a referral from the Law Society or other non-profit agency, which will not have a monetary incentive to steer you in a particular direction.
Ask questions when you interview the solicitors, such as how long they have been practising, what percentage of their work involves personal injury claims and what their success ratio is. Also ask about methods of communication and the solicitor’s privacy policy; does he or she sell client lists to a third party, such as an individual, group, agency or organisation. Only when you are fully satisfied should you select the solicitor with whom you will work.
What is a personal injury Lawyer?
A personal injury lawyer is someone who represents an individual who has claimed to be harmed, physically or mentally, as a result of the actions of a company or another person.
There is always much confusion about how personal injury law works. There are often press stories about everyday items being excluded on ‘health & safety grounds’ – take conkers in the schoolyard for example.
To clarify a personal injury incident, which this type of law covers – the injury sustained by the individual has to be the result of negligence, not just an accident. An accident is an incident that no one could have reasonably foreseen and for which no one should be held responsible. Whereas negligence is defined as something, which you can reasonably foresee, will injure someone else who is likely to be affected by your actions or lack of actions.
Although personal injury lawyers are trained and licensed to practice virtually any field of law, they tend to be experts in tort law. Tort law is a wrong that involves a breach of a civil duty owed to someone else. They tend to provide a service, which deals with; work injuries, automobile and other accidents, defective products, medical mistakes, slips and fall, accidents and many more. The Ministry of Justice is responsible for developing the law on tort and damages in England and Wales through legislative and procedural change. They represent the United Kingdom in European and international negotiations relating to these issues.
As well as general legal responsibilities, a personal injury lawyer would interview prospective clients and evaluate their cases to determine the legal issue. They would identify and research the features of the issue to build a strong case. The main objective is to ensure that the person injured or harmed in some way, obtains justice and compensation for their suffering.
There are strict standards of legal ethics, which Personal Injury Lawyers must adhere to when dealing with their clients. At a very basic level this includes; exercising competence and a duty of loyalty and confidentiality to work in their client’s best interest.
The Association of Personal Injury Lawyers (APIL), a not-for-profit organisation, whose head office is in Nottingham, was set up over 20 years ago to fight for the rights of injured people. It has over 4,700 member lawyers (mainly solicitors, barristers and legal executives) and is dedicated to changing the law, protecting and enhancing access to justice, and improving the services provided for victims of personal injury. It has become the leading, most respected organisation in its field.
Latest news on personal injury this week saw, Royal Bank of Scotland partly blame the decline on higher reserves on the costs of covering the rising costs of personal injury claims.
A consultation on civil litigation costs and funding in England and Wales, published by the Ministry of Justice, closed on 14 February 2011. Lord Justice Jackson recommended a number of reforms to the existing legislation and the government’s response to these and the public consultation views will be published shortly.
For a list of personal injury lawyers or solicitors you can visit our Personal Injury Solicitors page.