It’s not difficult to find a whole range of claim information due to the fantastic resource that is the internet.
It may be that you are looking for information on what is necessary to make a personal injury claim in legal terms, you may be seeking information on a particular type of accident and injury such as a whiplash claim or a road traffic accident, you may want to understand how no win no fee agreements work or you may be interested in what level of damages you might get when making a claim. There may be other questions you have which are not covered in this post, if so, get in touch with us by all means and we’ll seek to clarify these with you. In the meantime, a few pointers on each of the topics mentioned above :-
1. The legal position – personal injury claims are fundamentally based on the law of negligence.. To succeed with a claim, the claimant will need to show that the defendant had a duty of care in law to him or her, that by action or failure to act the duty was breached and that loss and damage occurred as a result of this i.e injury. In addition to negligence, depending on the type of case, other legal arguments may also be made such as breach of contract or breach of health & safety laws.
2. No win no fee agreements – these are generally referred to by lawyers as conditional fee agreements (CFA’s) and are based on a Law Society standard precedent, so they do vary but must comply with certain rules and make clear the various important points about control, breach by either party, decisions on offers made by the opponent and to make clear that if the personal injury solicitors are guaranteeing 100% compensation for the client, this is clearly stated. with almost all no win no fee agreements the lawyers will also pay out for expenses such as court fees, medical experts costs and a crucial insurance policy known as an after the vent insurance policy, which covers the defendant’s costs in a situation where you go all the way to trail but don’t win or don’t get awarded a higher sum than an offer previously made and rejected by you.
3. Damages – clearly, no lawyer will be able to give 100% advice on damages at the outset. With injury cases, each case and injury are different, and with most injuries, at the time the lawyers are first instructed, the injury symptoms will still be unclear and prognosis uncertain. What most injury lawyers can do is to give guidelines and in fact many personal injury websites include such guidelines, based on published guidelines known as the Judicial studies board guidelines and also case law.The legal position on claiming damages for negligence is different than when claiming contract damages (explained here).
We hope this information is useful. please get in touch if you have any comments, suggestions or questions.