28 November 2013
Ten things you may not know about Personal Injury claims
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Before you are entitled to compensation in this country you have to show that the person or company you are claiming against has been at fault in some way.
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Most claims are settled out of Court.
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Even if a claim is disputed the Courts can order a payment on account of compensation to ease the financial burden which an injured person may be suffering as a result of their injuries.
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Due to recent legislation most claimants now have to pay something towards their legal costs from any compensation received. This is usually limited to a maximum contribution of 25% of that compensation.
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Compensation for an injury is often assessed by reference to like cases which have been through the Courts in the past and whose outcome has been recorded (known as case law). Also by reference to a published guide known as the Judicial College Guidelines.
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If you have been injured in a car accident and the person responsible cannot be found (a "hit and run") you can still claim compensation and will be paid the same amount you would have received had the person responsible been caught.
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If you are injured while on a package holiday you may have a valid claim against the tour operator. You do not have to pursue a claim in the country visited which would likely be difficult, complex and expensive.
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If as a result of your injuries you are out of action and someone else has to look after you or do your housework or shopping then you can claim an hourly rate for their time, whether you pay them or not.
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If you are in receipt of means tested benefits and you receive compensation you may no longer be entitled to benefits unless you enter into a special arrangement known as a special needs trust.
- The Court has to approve any settlements for children's claims to make sure that the right amount is paid and to ensure that the money is properly invested for them until they reach their majority.
If you wish to discuss any of the above, or any other matter relating to Personal Injury claims, please contact Andrew Brown for an appointment.
