If you have been injured in a road traffic accident, you might want to hire road accident solicitors to claim compensation. In this guide, we explore different types of accidents that happen on the roads.
We look at the Whiplash Reform Program and how this could impact your claim. Cyclists, motorbike users and pedestrians, however, are exempt from the new regulations. We discuss this further and how to claim under the new regulations.
Compensation you could potentially claim is explored. We also take a look at what you could claim for under special damages and provide a few examples.
If you would like to hire road accident solicitors to file a personal injury claim, we look at No Win No Fee arrangements and how one could benefit you. There is a lot to consider when filing a personal injury claim so we have produced this guide to help you along the way.
To discuss your potential claim, you can contact our advisors.
To get in touch:
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- How Do I Claim For A Road Traffic Accident?
- Road Traffic Accident Statistics
- What Cases Could Road Accident Solicitors Handle?
- Do I Need Road Accident Solicitors After A Car Accident?
- How Much Could Road Accident Solicitors Help Me Claim?
- Contact Our Advisors About No Win No Fee Road Accident Solicitors Today
To file a personal injury claim for a road traffic accident you might want to hire road accident solicitors. You could represent yourself when going up against the other parties’ insurance company, but you might find the process easier with a No Win No Fee solicitor.
A solicitor will have the experience in knowing what evidence to collect so that you are completely compensated. If you forget to include something you cannot go back and ask for more once the case is settled. Car accident solicitors can navigate the pre-action protocols and organise your independent medical assessment. They can also advise when a compensation settlement is far too low.
In 2021, new rules came into force for low value injuries. This is why it is important to have a solicitor assess your case for you. What you thought were minor injuries may attract a higher award. Once you have settled your claim, you cannot add further damages to it. A personal injury solicitor could help value your injuries and any special damages you could claim.
Our advisors could help assess your personal injury claim.
How The Whiplash Reform Program Changes Claims
New rules for making a whiplash claim and other low value injuries came into effect on 31st May 2021 under the Whiplash Injury Regulations 2021 (WIR). If you were injured prior to this date, your personal injury claim follows the normal procedures as detailed further on in this article. For minor road traffic injuries experienced on or after this date, however, the rules may have changed. These new rules apply only to drivers and passengers over the age of 18 where injures are valued at £5000 or less.
The Whiplash Reform Programme does not apply to:
- Motorcyclists and their passengers
- Or minors
For those over 18, drivers and passengers of vehicles whose injuries are valued at £5,000 or below now have to use the Official Injury Claim Service, which is an online portal to file your claim. A claim cannot be settled without medical evidence. You may also be invited to an independent medical assessment.
Once a claim is settled, however, you cannot claim further damages. You may want to speak to road accident solicitors before using the online portal. Your injuries and related costs could push the value of your claim up.
Free legal advice is available from our advisors.
The Department for Transport provides statistics on road traffic accidents. This includes reported accidents by speed limit, road class and severity for Great Britain, 2020, which reports a total of 91,1999 accidents. On all roads, at all speeds, the following statistics apply:
- 1,391 fatalities
- 20,181 Seriously injured
- 69,627 Slightly injured
Road accident solicitors could help you make sense of the personal injury claims process. Contact our advisors to discuss your potential claim.
Road accident solicitors handle different types of road traffic accident claims. We explore some examples below.
- Car accident claims: If you have been injured in a car accident as a driver, including one due to mud on the road.
- Passenger accident claims: You may have experienced an injury as a passenger. Your property may have been damaged in the accident as well. The special damages section further into this article covers how road accident solicitors could help you recover costs.
- Pedestrian accident claims: As a pedestrian you can also make a claim if you are injured by a negligent vehicle or cycle on the road.
- Cycling accident claims: You can make a No Win No Fee claim if you have been injured as a cyclist through the negligence of another party.
- Motorcycle accident claims: Also, you can claim if you have been injured in a motorcycle accident caused because another road user breached their duty of care.
- Public transport accident claims: If you are a passenger on public transport and are injured.
Importantly not all accidents will mean those injured can make a personal injury claim. To be eligible to pursue a road traffic injury claim for compensation you must be able to show how another party is liable. This will involve proving that they owed you a duty of care, that was not adhered to and resulted in your suffering. Speak to our advisors to discuss your road traffic accident injury.
Using a solicitor for a personal injury claim may make the claims process seem easier. Although, you could file a claim without one a solicitor can ensure that your claim is filed correctly and in full to ensure that you are compensated fully. They know which legislation to use to back up your claims as well as what evidence will be needed. They will also correctly action the pre-action protocols so the claim has the best chance of being settled without court proceedings.
A No Win No Fee lawyer could file the paperwork for you and help assess your injuries to ensure you are fully compensated. Hiring legal representation has never been easier with a No Win No Fee arrangement there are no up front solicitors fees. If your claim is successful, you will pay a legally capped success fee. This will be taken out of your award.
Our advisors could assess your injuries for free.
Car accident claims could come with two heads; general damages and special damages. We cover each one in more detail below.
To compensate for your physical injuries and emotional distress, you claim under general damages. To estimate how much your injuries are worth, solicitors refer to a document titled the ‘Judicial College Guidelines’ (JCG). Injuries are listed alongside their potential compensation bracket in the JCG. Below are a few examples from the JCG.
|Moderate brain damage (ii)||£85,150 to £140,870||Moderate to modest intellectual deficit and epilepsy risk.|
|Moderate post traumatic stress disorder||£7,680 to £21,730||Any continuing impact will not be grossly disabling.|
|Loss of sight in one eye with reduced vision in remaining eye (ii)||£60,010 to £99,440||Reduced vision in remaining eye.|
|Traumatic injury to digestive system (iii)||£6,190 to £11,820||Seat-belt pressure.|
|Bowel injuries (e)||£11,820 to £22,970||Penetrating injuries with some permanent damage.|
|Moderate neck injuries (ii)||£12,900 to £23,460||Soft tissue or wrenching injuries and disc lesion resulting in limited movement and recurring pain.|
|Minor back injuries (i)||£7,410 to £11,730||Recovery without surgery within 2-5 years.|
|Severe shoulder injuries||£18,020 to £45,070||Significant disability caused by brachial plexus injury.|
|Very serious leg injuries (ii)||£51,460 to £85,600||Permanent mobility issues.|
|Less severe facial scarring||£16,860 to £45,440||Significant psychological reaction caused by substantial facial scarring.|
The head of claims that compensate for costs incurred because of injuries from a road traffic accident is called ‘special damages’. You must supply evidence to claim under this head. Receipts, for example, could be presented.
You could recover costs for:
- Damaged property. Any personal belongings repaired or replaced could be claimed for as long as you keep receipts.
- Lost wages. If you are out of work due to your injuries you could claim for loss of earnings.
- Medical devices. If you need to rent or purchase any medical devices, such as a wheelchair, due to your injuries.
To discuss what you could claim under special damages and what evidence you will need to supply, contact our advisors.
A No Win No Fee arrangement is a type of conditional fee agreement. It is a way for anyone to hire road accident solicitors. With a No Win No Fee arrangement there are no upfront solicitors fees. As mentioned earlier in this article, a success fee, which is legally capped, will be taken from the award of successful claims.
Our advisors are available 24/7 to discuss your potential claim. They could estimate how much compensation you could claim. And talk you through what evidence you could use to strengthen your claim. Eligible claimants might be connected to our panel of personal injury solicitors.
To get in touch:
Read More About Making A Claim
We’ve provided the following links you might find helpful:
- Uninsured drivers and hit and run victims guide from the government.
- Highway Code Rules for Pedestrians.
- NHS guide to whiplash.
And more guides about road accident solicitors:
- How to Make a No Win No Fee Personal Injury Claim
- Advice On What to do After a Car Accident No Win No Fee Claims
- How Do You Prove a Car Accident Wasn’t Your Fault
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Published by AL.