Injury Compensation: The Basics

There's no need to suffer in silence; whatever your injury the law protects you against all forms of accidents that are not your fault.

The current personal injury compensation culture has come about as a result of people becoming aware that they are entitled to claim damages for something as simple as a fall in the street, where such a fall was not their fault. This entitlement is borne out of a social responsibility that in this instance the council or shop responsible has to every citizen who uses that street. It is the legal right of every person in this country to be compensated for when sustaining an injury as a result of negligent behaviour, no matter what form such behaviour takes.

Some people seem to think that there is an element of shame involved in claiming, for example, in the event of a slip on a road, but when you consider that a simple fall can have long term health or mobility implications, you shouldn’t feel any negative associations attached to bringing the persons responsible to bear over such events. Making those responsible accountable for negligent actions not only ensures it won't happen to anyone else but can recoup your resultant loss of earnings too. After all, why should you suffer physically and financially for someone else’s negligence?

The law governing the issue of injury compensation claims is fortunately very straightforward in the UK. The Criminal Injuries Compensation act states that anybody who has suffered an injury whether physical or psychological as a result of negligence or as a result of a breach of duty on the part of another is entitled to claim for damages. The courts take cases of psychological damage especially seriously and if your case is a result of bullying or stress at work, the criminal injuries compensation law also covers you. Making a claim of this sort is of course a very emotive procedure but all injury lawyers have an understanding and respectful approach to this difficult issue. If you have suffered as a result of employer mistreatment you should approach a lawyer as soon as possible, and make sure they understand the nature of your claim. Simply put, this law is in place to get you the justice you deserve. Even in instances where a claimant has been injured at work – the type of claim that many people shy away from - there are existing measures that are in place to cover such eventualities. Employers are legally bound to cover employees in the event of any accident, so you are simply recovering what you are entitled to, and at no direct cost to your employer.

There are set injury compensation guidelines according to your injury as to how much you would be entitled to, so that all parties can be clear from the point of instruction of a claim as to the severity of the injury and possible far reaching implications for the claimant. This means that in difficult cases such as employment claims, the employer will be made aware of how an accident has affected his or her employee and why they are being sued. In most cases this is enough to assuage any future difficulties between both parties but it's important to remember that should you bring such a case to court you can neither be dismissed or discriminated against as a result.

The criminal injuries compensation fund, which falls under the same law, also covers other less publicised injuries such as criminal acts and dog bites. No matter what the nature of your injury if you were not in the wrong you will be able to claim for injuries compensation and loss of earnings where relevant.

If, for example, your injury occurred within the last three years you will in most instances be able to claim for damages. In order to process you claim your injury compensation solicitor will need supporting evidence from you and an independent medical assessment where relevant. With this information they will be able to process your claim in a way that means you wont be required to go to court or even pay any legal fees.

All personal injury solicitors are trained to take in all factors of your injury including the events that caused it, and any costs you have incurred as a result of your accident before quoting you an amount to claim for. This is because every case is unique and you may have incurred for example a huge medical bill as a result which the national guidelines for you actual injury do not account for.

These specialist lawyers are also trained to advise clients from the first enquiry about a claim as to whether it will be successful. Since most solicitors offer a no win no fee approach to personal injury compensation claims, none will choose to take on a case which will not get to court as this will mean a loss to their company. After all in these cases, solicitors fees are paid only when a claimant is awarded damages. The other party in these cases covers all legal fees incurred as well as paying out compensation to the claimant, so taking on a case that will not cover their costs is a no-brainer.

All this means that finding an advisor who will assess your claim objectively should be easy and you can feel comfortable that, unless you withdraw your claim, you won't have to pay a penny to bring your claim to the courts. With no paperwork to attend to after you claim is accepted you will be brought up to speed with your case progress by email and phone in most cases and you will be consulted with when important changes in your case occur.