Friday 22 October 2010

Five Important Steps To Take After A Car Accident

Car accidents are far too frequent in almost all opinions. With road safety being of paramount importance to the government, local authorities and car manufacturers alike, most would agree that things should be done to stop accidents on the road from happening completely.

Being in a car accident can be very traumatic, to the extent that you may never want to step into the confines of a motor vehicle again. However, it is important to stay calm, at least in the immediate aftermath of an accident, to ensure some important steps are carried out.

Here is a list of the five most important steps to take following a car accident:

1) Check for injuries

Obviously you need to make sure that you are not seriously injured first off. If you feel OK to move you should check that any passengers you may have in your car with you are also not suffering with any visible, or even hidden injury that may cause more damage by being moved.

2) Contact the police

The police should be called as soon as possible after a car accident to ensure the damage is cleared up, statements from all parties are taken and that the road traffic remains as undisrupted as possible.

3) Collect information from the other driver

It is always vital to stay as calm as possible and to swap details, including telephone, address, insurance and registration with any other drivers involved. If there were any witnesses to the accident that have happened to stop, it is also worth getting hold of their details too, as this will be highly valuable in the case of any legal action.

4) Call your insurance provider

Making sure your car is dealt with as soon as possible will mean minimum disruption to your lives. Most insurance companies can have you back on the road almost immediately. Any accident you have in a car is required to be noted by your insurance company.

5) See whether you are entitled to car accident compensation

If you are injured in any way and the accident wasn’t your fault then you may be entitled to make a claim for car accident compensation. By calling an experienced personal injury solicitor, your claim will be dealt with quickly, efficiently, and with the minimum of fuss.
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What Are The Main Types Of Accident Claim?

Almost everyone knows that you are able to make a claim for compensation if you have been injured in an accident. However, more confusingly is what accidents you are exactly allowed to claim for in this situation.

With claims companies and personal injury lawyers nowadays being able to help people for a wide variety of accidents, we look at some of the main types of accident that often do end up with compensation payouts.

- Car accidents

Car accidents are very frequent, and therefore the number of claims related to accidents on the road are very high. One of the most common claims following a car accidents is one for whiplash, which is am injury of the neck, upper back or shoulders. Whiplash tends to occur when you are hit by someone else from behind.

- Accident at work

People are unaware of exactly how many people are injured in their place of work every single year. The figure is so high that the Health and Safety Executive have to enforce strict rules on business owners to ensure workers are protected as well as possible. If your accident occurred because an employee or colleague acted negligently towards you, you are well in your right to make an accident claim.

- Criminal injuries

Whether you have been attacked at your home by someone you know, or by a random person on the street, it is possible to make a claim for criminal injuries suffered. This is done, usually with the help of a trained injury lawyer, by going through a government system called the CICA, or Criminal Injuries Compensation Authority. Payments are based on stages depending on the severity of the injuries you received.

- Medical negligence

If you have fallen foul of bad medical treatment, whether that be at a hospital or in your own GP’s surgery, you may be able to make a claim for medical negligence. Some of the highest compensation payouts are from the result of gross medical negligence – multi-million payouts are not uncommon to those suffering with cerebral palsy due to negligence during birth.
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Friday 8 October 2010

When Can You Claim For Car Accident Compensation

Despite a reduction in the car accident and road accident figures in the UK year on year, the fact that they are still a regular occurrence is an unfortunate face. In 2009 there were 222,146 casualties of all severities in road accidents, which most would agree is far too many.

Many accidents that happen where someone has been injured are caused by someone or something else, which is highly unfair, especially if the victim has been left badly hurt when they have been driving sensibly and abiding by the laws of the road.

There are a number of legal firms that can help you make a claim for car accident compensation in this modern day and time. However, knowing whether you are actually entitled to anything after your car accident is such a worry that many are put off even calling a solicitor as they are too embarrassed to ask.

It is always worth talking to someone, even if it is just on the phone, as more often than not if you are not too blame and you have been hurt, something can usually be done to help you out financially through a difficult period.

Being knocked from behind is one of the most common types of car accident, usually resulting in a whiplash injury for the driver and passengers of the car in front. The severity of a whiplash injury can vary greatly, from mild neck or back pain, to full disability and an inability to turn your head, either temporarily or permanently.

You can also claim if someone else has crashed into you or caused you to crash. For example, some boy racer may try overtaking you on a small country road without knowing another car is coming the other way. He may then cut back into you when he realises, causing you to skid off the road with terrible consequences.

The conditions of the road may also cause you to have an accident or sustain an injury. For example, a dangerous surface, such a road covered in oil that had not been cleared up could be cause for you to make a claim against the company of the tanker that was delivering it. Sometimes the council can be deemed responsible for the state of the road, especially if there is something that they could have done to prevent the incident from occurring.

It is worth contacting a specialist lawyer who deals with car accident compensation claims day in day out, as this is the best way that you will receive advice when finding out if you are entitled to receive damages for your injuries.
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How Much Will You Get For Your Motorbike Accident Claim?

It’s true to say that those who have been injured in a motorbike accident will be armed with questions - a common reaction, once the initial shock has worn off is how much compensation am I entitled to? If you have been in an accident and suffered from a motorcycle injury, there are certain procedures you must follow in order to receive the full amount of compensation you are entitled to.

You are more likely to suffer severe injuries in a motorbike accident due to the size of the vehicle and the fact that there is less protection offered when riding on the road with larger vehicles. Traumas, head injuries and broken bones are common afflictions when suffering a motorcycle injury. These types of traumatic injuries also often lead to needing some psychological help or physical therapy for many months or years following, all of which can be very costly and leave you out of pocket.

The approximate amounts you can make a motorbike accident claim for in the U.K for 2010 have been recorded as follows:

Head Injuries

The amount you receive is most likely to depend on whether there is any long-term, lasting damage to the brain. Minor injury to the head with pain that lasts from several weeks to a few years normally is paid out at £ 1,400 to £9,000. More severe cases will see far higher payouts - the most severe head injury can be upwards of £258,000.

Back Injuries

Another injury that is often common with a motorbike accident claim is a back injury. You will need to consult with doctors to find out if there is any damage to your vertebrae and the what consequences this damage will have on your life. The amount you receive will also be determined by the initial pain and the long-term effects of the injury.

You can receive up to £5,000 for minor injury lasting up to 2 years, and £5,000 to £8,000 for minor pain that lasts up to 5 years. For severe back injuries resulting in permanent damage or prolonged damage including fractured vertebrae, you can be awarded up to £110,000. If there is paralysis, you will could see a figure of £258,000.

Forearm Injuries

Another common occurrence with a motorcycle injury is with the damage to the bones in the forearm. The amount of compensation you will receive mainly depends on whether you have required surgery and whether there is any permanent damage.

Simple fractures that heal in a relatively short time span usually receive around £4,000. A simple fracture that results in ongoing disability or small deformity usually gets £4,000 to £12,500. A complicated fracture requiring significant ongoing disability can result in a payment of £12,500 - £25,000, while permanent damage or amputation ca receive anything around the £84,000 mark.

Leg Injuries

Much like the guidelines for the other injuries, depending on the severity of your pain and the complications involved, you can receive anywhere £5,800 for a minor injury and up to £180,000 for a more severe injury including several broken bones or even amputation.
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History of No Win No Fee Claims

No win no fee is a term heard a lot in the media, on the news and on the web when it comes to discussing personal injury claims. However, how did this modern day phenomena, which has come under much scrutiny in recent times, find its place in the legal system?

Prior to the turn of the decade people who were injured in accidents had only limited help when it came to trying to claim compensation for their losses and injuries that had occurred that were not their fault.

The no win no fee term was first heard around 1998, when the government decided that they would overhaul the current system of legal aid, to give people more freedom of choice, as well as faster access to gaining the justice they deserved. This also meant that they would not need to fork out hundreds, if not thousands of pounds for a solicitor to help them with their case.

Conditional fee agreements, (the legal term for no win no fee) started to really become a big deal from 2000 onwards. It opened up the ability to claim for an accident that wasn’t the victim’s fault, even if before they may not have been able to afford to do so. This basically made the legal system for personal injuries completely classless, meaning ordinary, hard-working families could not be compensated if injured at work, or in a car accident for example.

During the last decade a large number of ‘claims firms’ appeared who were capitalising on the ever-growing industry, where they were finding people who were injured and ‘selling’ their cases to lawyers for massively inflated fees.

The claims management industry has come under much pressure as of late for taking advantage of people in a terrible situation for financial gain, and reviews such as the recent Jackson report is looking into whether this practice should continue.

There is no doubt however that no win no fee claims are a great things for those genuinely injured in accidents that weren’t their fault – particularly they are unable to work and earn money as a result and therefore not pay their mortgage or even put food on the table for their family in the most extreme of cases. The money they receive here will ensure that they never go short.

Proper firms of lawyers who genuinely care about getting their clients the justice they are entitled to should therefore be allowed to thrive for years to come.
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Five Reasons No Win No Fee Claims Should Stay

No win no fee claims have been criticised recently as many argue that those who offer them are doing so for their own personal gain, rather than to help the genuine victim of injuries. To an extent this is true of a number of ambulance chasing firms, whose sole purpose is to make money from others misfortunes.

There are however a number of no win no fee solicitors that are dedicated to ensuring that real victims are helped, getting them the compensation they need to help make their lives more comfortable.

The following list suggests five reasons why no win no fee claims should be allowed to stay.

1) No upfront solicitor costs. The introduction of no win no fee agreements meant people injured in accidents were no longer required to pay upfront for the services of a solicitor. This in turn opened up the doors to normal, everyday working people who had been injured unfairly who may not have been able to afford the access to justice they should have been entitled to previously.

2) High chance of winning. In a time where solicitors get paid based on a successful outcome, the majority will only take on a case if they know they have a good chance of winning. This means that you can feel relatively confident if your claim is accepted by a reputable solicitor firm that a compensation payout is coming your way.

3) Maximum payout. People who make no win no fee claims and are successful will be entitled to the full amount they are granted by the court or insurance company of the person at fault. Their solicitors fees are paid separately by the losing party, meaning more cash in the long run.

4) Knowledgeable solicitors. Genuine lawyers are dedicated to getting the full amount of compensation you deserve. They will always advise you not to accept backhanded payments from insurance companies, and to actually make the effort to see your claim through to the end. Getting these services for free is great, particularly for those unfairly injured.

5) Quicker results. Part of the reason no win no fee claims were introduced was to speed up the process a victim received their compensation payout. Legal aid took far longer to process, now your claim can be submitted with a quick phone call and medical examination.
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