If you have been injured in an accident that wasn’t your fault and you would like to find out if you have a valid claim for compensation, the first task will be to discuss the accident with some personal injury solicitors. This will be the case whether you have had an accident at work, been injured in a car accident, have been the victim of medical negligence or have slipped on a wet floor in a shop.

Choosing a personal injury solicitor

As with all professional services, it is worth speaking to at least two or three different firms before you decide who to hire. This will not only give you an understanding of the services being offered by each firm, but it is also an opportunity for you to find out how you actually get on with them.

This is often overlooked, but as the claims process can take anywhere from six weeks to over a year to complete, it is important that you feel comfortable and confident in your chosen injury lawyer.

For each firm you contact, you should be provided with a free consultation. This is where the firm will discuss your accident and the injury or injuries you have suffered and will determine if you have a valid case.

During the consultation phase, it is a good idea to ask a few questions to help you decide who to hire. Some of the questions you might want to ask include whether they will offer a no win no fee service, have they worked on similar cases in the past and what will be the success fee will they charge if the case is won?

Once you have chosen the solicitors you want to hire for your case, you will be sent some paperwork that you will need to sign. This will include the no win no fee agreement, also known as a conditional fee agreement (CFA). This will need to be signed and returned, and officially instructs and authorises the particular firm to act on your behalf.

Gathering evidence to support your claim

After being officially instructed as your representative, your personal injury solicitor will begin the process of gathering evidence and information to support your case.

What evidence is collected will largely depend on the type of accident you have had. Examples of possible evidence could include photographs, witness statements, medical records, police reports and accident records.

All personal injury claims will also need medical evidence to confirm the type of injury or illness you sustained, as well as any ongoing issues. For example, will you need to have physiotherapy, are you going to be left with any permanent pain or difficulty carrying out certain tasks, etc.

The details of your claim are recorded in a letter of claim, which is sent to the defendant. This confirms that a personal injury claim is being made against them, the accident they are being held responsible for and the injuries that have been suffered.

The defendant, or most likely their insurance company, will then have to decide whether to accept or dispute liability for the accident.

Negotiating a suitable compensation award

If the defendant accepts liability for the accident, the next step will be for both parties to begin the negotiations for how much compensation the claimant should be awarded.

The amount of compensation will be based on an assessment of the injuries you have suffered, the impact on your life and any financial losses you have faced. Perhaps you have had to take time off work, had to pay for medical treatment or have needed to spend money on taxis to transport you to and from doctors appointments.

In some cases, the defendant may accept the amount of compensation being asked for by your solicitor. But in most cases, there will be some back and forth negotiations before a settlement agreement can be reached.

Once an agreement has been made, the case will be concluded, and you will receive your compensation award. Your solicitor will take their success fee from the payment before the balance is forwarded on to you. The success fee would be agreed with you in advance and can be a maximum amount of 25%.

Taking court action for personal injury

The vast majority of claims for personal injury and medical negligence are settled without any need for court involvement. One of the key reasons for this is the huge legal costs that can be incurred by going to court.

However, there are situations where court action may be needed. The first of these is if the defendant denies liability for the accident or injury. The second is where the defendant accepts liability for the accident, but an agreement cannot be reached regarding the settlement award.

If the courts are required, your injury lawyer will be there to provide you with advice and guidance along the way. If the decision goes in your favour, you will then receive your compensation, and the case will be closed.

We are always shocked to hear when a driver has a horrible industry at work. Unfortunately stories such as these are common. Sadly news frequently reports catastrophic accidents caused by commercial vehicle drivers. Although this type of accident has irreparable damage, we do expect the victim to receive compensation. Whether life altering or fatal, accidents on the roads are a sad certainty; but certainly if we were the victim, we would want our loved ones suffering to be minimalized by payment of appropriate compensation.

What are the Ogden tables

Published by the UK  government, the Ogden Tables enable appropriate calculation of compensation for a victim. These are used in cases in the UK of both personal injury and death.

Why are the Ogden Tables important now?

There has been a recent way in which the Ogden tables are calculated. The key change is that the victim is now seen as a risk adverse investor. As such, accounting for the lower rate of interest they will receive when investing a lump sum, a higher initial payout is necessary. Elizabeth Truss made it clear she believe the tables now have right rate to compensate claimants.

Although we want to expect an appropriate pay-out in the case of an accident, this change has caused the insurance industry turmoil.  Underwriters are being forced to look at how they will cover these increasing pay-outs. It resulted in dropping share prices, and statements from a number of insurers, and their trade organisation, to highlight their unease with this increase.

How will this affect Truck Fleet Insurance?

Unfortunately a disproportionate number of accidents on the roads are the responsibility of commercial vehicles. According to the Campaign for better transport HGV fleets are involved in 52% of motorway fatalities. Despite HGVs comprising only 10% of the traffic on the roads.
As a large claim, for example as the result of a fatality, is statistically more likely for HGVs, this cost to the insurer will likely be subsumed into the insurance premiums that truck fleet operators pay. As insurance underwriters comprehend the impact the change in the Ogden tables has, this will be included in their risk calculations.

Is this likely to change the cost of my other motor insurance policies ?

It has been reported that the change in the Ogden rates will have an impact on the cost of commercial fleet insurance paid by businesses, as well as personal premiums. But it has also been highlighted that insurance premiums remain competitive in the UK. As businesses and individuals take the time to seek the correct coverage. Motor trade insurance policy holders for example benefit from specialist brokers who negotiate the best deal to abate the increase in premiums. There are increasing ways to compare insurance products in niche sectors such as the motor trade.

With increasingly congested roads it is more important than ever before that drivers stay vigilant, whether driving for themselves or for work. But unfortunately accidents happen, and for HGV fleet operators a suitable insurance product is a good investment, in the case of claim. Even in the scenario of no claim being made, the added value of peace of mind is important. With the right insurance, the numbers on the Ogden Tables do not constitute a risk, as even with the higher level payouts, with the correct insurance policy a business will be covered.