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Thursday, 1 September 2011

Options in Claiming For Personal Injury


So you have been unfortunate enough to have suffered personal injury as a result of another's negligence and are likely to be able to claim compensation for it. But just how should you go about claiming this compensation? In reality there are a few routes you can take, and various considerations should be made in relation to them. These are briefly considered below and should hopefully afford you with a good idea of the best available option to suit your circumstances.

Enlisting a claims manager - These will offer to manage your case, usually on a No Win No Fee arrangement. However notably they are not qualified legal personnel, and sometimes will not even have legal professionals within their organisation. They often also take a large portion of any compensation won, often as much as 50%. Consequently due to these companies possible lower levels of experience and expertise, one should be careful before engaging their services. It is prudent to research the company carefully, paying particular attention to whether they are authorised by the Government (who regulate such companies) to carry out the services in question. Also be very careful to check the small print before entering into any binding agreement.

Taking court action - Whilst it is possible to do this yourself it is highly recommendable to enlist the services of a Solicitor who possesses the key experience, skills and expertise required to help achieve the best possible result for you. However this does have the downside that you will need to pay their fees (unlike when representing yourself) which can be an onerous burden to undertake should you lose your case or the respondents (who you claim against) are not ordered to pay your costs. These fees can often amount to more than the actual amount of compensation involved with the claim, as an illustration in a recent case a cyclist claimed £5,000 in compensation when he collided with a misplaced temporary road sign. Costs amounted £8,099 and although they were reclaimed from the respondent this illustrates the financial dangers involved. Should you lose the case you may also be ordered to pay the other party's costs.

When claiming for personal injury these financial barriers make it impracticable for many to make a claim in such a way, especially since Legal Aid is set to be hit with massive cuts. This is where No Win No Fee Solicitors really come into their own. Although this does not mean you will pay nothing should you lose (you will need to pay for things such as insurance premiums indemnifying you against paying the other sides costs should you lose your case) the cost of bringing an action in this manner is limited to hundreds, as opposed to thousands of pounds. Therefore it is a very attractive, convenient, lower risk and practicable solution for many bringing a case. However do be aware that should you win the solicitors will often then take a percentage of your compensation. Be clear on how much this is before entering a binding agreement.

1 comment:

  1. a claim for personal injury should also be made as swiftly as possible, for claims of negligence the time limit on making a claim is usually 3 years after you became aware of the injury

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