A Guide to Compensation Claims
If you’ve ever been in a non-fault incident — perhaps on the road, or at work — then it could be more than just yourself which is in pain; if the accident causes you to miss an extended period of work, or makes your working or day-to-day life more difficult, your bank balance could also feel the pain. However, those people that are hurt in this manner are often able to make a compensation claim which, if successful, could help alleviate any financial shortfall incurred as a result.
However, it’s difficult to know what sort of cases can get approved for compensation as the area is specialised and tends to go on a case-by-case process that can leave claimants confused. However, the key thing to remember is that if your personal injury was caused by the fault or negligence of another person or organisation, you could have grounds for a claim.
Making a claim for compensation can be an arduous process, but it can also be a rewarding one. Compensation is awarded based on several factors, including the pain and suffering you experienced as a result of your injury. You can find out about ‘standard’ compensation for most types of claims — ranging from whiplash to loss of limb and even fatal injury — which can provide a guideline for what to expect during your case.
Success for your claim can be facilitated by a few supplementary actions, taken by yourself at the time of the incident. Get the details of any witnesses to the event who can then vouch for what happened. If appropriate, take photographs of the scene, the cause of the accident and, if applicable, any injuries that occurred because of it. This will add further proof to your compensation claim and means your solicitor will have an easier time arguing your case for you.
If your claim is taken on, it’s handy to know what costs and procedures there will be. Your solicitor should explain everything to you — you can generally expect to be told about different types of fees, depending on what type of agreement you have. Private fees mean that you will need to pay for your solicitor’s work and time, as well as medical reports, eye witness accounts and, if necessary, police reports. There could also be a barrister’s fees for the advice that could really help your case. You will be required usually to cover such costs over the progression of your claim. Although costly, the return on a successful case is higher — but be aware that an unsuccessful case means you could be responsible for both your own costs and the opposing party’s.
Increasingly popular is the no win, no fee option, which means that you will not be charged by your solicitor if your claim is unsuccessful. Your solicitor will assess your case to gauge its chances of succeeding before agreeing to take on a case on a no win no fee basis, but such an agreement does not mean you will not have to pay anything — the same costs as above still apply and your solicitor will also probably charge for a percentage as a success fee on top of their standard costs. However, the cost of the action is usually claimed as part of the overall settlement, so even though you’ll pay your solicitor’s costs, you won’t be any worse off financially, as any fees due will be deducted before you receive your cheque. Should your claim be unsuccessful, however, you will not have to pay these fees or those of the other party.
A compensation claim could change your life, and it’s simple to get free advice from experienced solicitors. What’s more, you can even claim online if it’s more convenient for you.
After all, a injury sustained through the fault of another needn’t be paid for by you alone.
Disclaimer: Matthew Pressman writes for a wide variety of commercial clients. This article is intended for information purposes only and readers should seek additional information before taking any actions based on its content.
