Serious Injuries
After a serious accident
If you have been seriously injured in an accident, the last thing you need is money problems and you certainly won’t want the hassle and worry of ensuring that your compensation claim is being properly managed. The Solicitors in our Serious Injuries Team understand the terrible impact an accident can have, leaving you incapacitated, unable to earn a living and – in the worst cases – needing money to pay for basic care. Our primary focus will be on ensuring that you do not suffer financially while your claim is being sorted out. We have a dedicated welfare manager who will work with you to ensure that you are claiming all the benefits you are entitled to, getting all the treatment you need – at no cost - and the care you require to help you recover.
Establishing and calculating the amount of compensation you are entitled to is a complicated and time consuming business – and one that very much depends on the speed of your recovery. It is vital that we are happy that your condition has stabilized before settling your claim – we do not want to settle too early and allow your opponent to short change you. Each claim is different but in essence they follow the following process:
Day 1 – As soon as you contact NewLaw we will arrange to visit you so that you can meet your solicitor face to face and tell them what you need. This will enable us to ensure that your urgent needs are addressed. We will provide you with all the information you need at this stage to understand how we will work with you.
Within 2 days thereafter we will send a letter of claim to the potential Defendant and their insurer. We will also conduct our own investigations for example with the police, witnesses and so on.
The Defendant then has 21 days to acknowledge receipt of the claim and then a further 3 months to carry out their own investigations. Once they have completed them, they will confirm whether they intend to dispute the claim. Frequently, however, they accept fault and we can then concentrate on valuing your claim.
Once we are confident that liability will be admitted by your opponent even if you were partly to blame for the accident, we will obtain medical records and independent medical reports from leading medical specialists in fields relevant to your case.
Often we will agree with your opponent that in order to improve the speed and extent of your recovery, a case manager from a rehabilitation provider will be appointed to oversee the co-ordination of treatment and rehabilitation. Your opponent will normally agree to cover the costs of such rehabilitation as it is in their interests to do so. This rehabilitation is provided independent of any court procedure/litigation that may be ongoing.
Where serious injuries have been suffered, a first medical report may not be obtained until 6 to 12 months after the accident. Repeat examinations and reports may well be required as it is often the case that when you first see the medical expert he or she is unable to provide a reliable prognosis as to your recovery.
When we have final medical reports we will be in a position to work out how much compensation you are entitled to. We do this by reference to recent awards in the court and other guidelines including the Judicial Studies Board Guidelines for awards for General Damages (pain, suffering and loss of amenity).
It is important to remember that the principle of compensation is to put you in the same position as you would have been if the accident had not happened. Obviously, no amount of money can make up for lifelong disabilities but the financial compensation will at least provide some assistance. Other losses – such as loss of earnings and the cost of care etc, can be claimed to ensure that you are no worse off.
Throughout the duration of the claim we will ask you to keep a detailed record of information and documentation relevant to your claim for financial losses. When the claim is capable of settlement from a medical point of view we will prepare a detailed schedule of your financial losses (past and future). We will then be able to advise you as to a suitable offer to make to your opponent in settlement of the claim.
We may need to take one or more witness statements in relation to your claim. We may also need to instruct non-medical experts such as nursing, care, occupational therapist, speech, physiotherapist, and accommodation experts.
If no settlement is reached we may advise that court proceedings should be commenced. It is often the case that the value of the claim will take a few years to calculate. Because of this we commonly have just a trial on liability (whose fault the accident was and if it is a case of shared blame, the degree of blame to be apportioned between the parties) so that a judgment can be obtained. We can then ask the defendant to make a payment on account to you, while we agree the full value of your claim. This is called an ‘interim payment.’
Important
Please note that in order for us to recommend settlement of your claim we must be reasonably certain as to your prognosis (time taken to recover and the degree of expected recovery). This prevents under-settling of claims so it is in your best interests. We rely on the opinion of medical experts as to whether your prognosis is reasonably certain and therefore whether or not it is safe to settle your claim. It may be that we can settle your claim on the basis that if there is a serious deterioration of your condition in the future you can return to the court for more compensation. This is known as ‘provisional damages’. Also it may be that you are awarded periodical payments (compensation paid at regular stages into the future) to ensure that your damages meet your future needs and that you do not run out of money.
Each case is different and may take a shorter or longer time to settle. We will always settle your claim as quickly as we properly can.
Contact NewLaw
NewLaw Solicitors
tel: 0845 521 0945
fax: 0845 521 0946
info@new-law.co.uk
0845 521 0945
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NewLaw Briefing Papers
The Motor Insurance Regulation Bill - 3rd Update from NewLaw Solicitors.
Personal Injury Claims Management Regulation - An Update from NewLaw Solicitors
The Motor Insurance Regulation Bill - Briefing Paper from NewLaw Solicitors
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