Personal Injury - The Claims Process – Straightforward really

In times of economic uncertainty it is generally thought that litigation,
including claims for personal injury, increases. If this is true then perhaps
now is as good a time as any to have a closer look at the claims process,
and specifically, what can be claimed for.
It is often argued that we are in a compensation culture in the UK and
that we are saturated with adverts from the general media all questioning
us as to whether we have been involved in an accident in the last 3
years. With such target driven advertising it is hardly surprising that the
public perception is one of a blame culture. However, if a compensation
culture is in existence in this country then it must be questioned why less
than 20% of all people who are involved in an accident actually end up
bringing a claim. There could, of course, be very good reasons for such a
low uptake of people asserting their legal rights, including a fear of the
legal system, Solicitors, Courts or the claims process in general; financial
concerns over legal costs may also weigh heavy on the mind; and there
may be an uncertainty over what can be claimed for. These concerns are
understandable, but shouldn’t deter the innocent victim of an accident
from looking to claim what they may be entitled to.
So, when can you claim and what can be claimed for? Generally, a Claimant
has 3 years from the date of the accident in which to make a claim. In some
cases (for instance if you were under 18 at the time of the accident) that
time limit may be longer. The whole question of how long you have to
make a claim can be very complicated and therefore if you are thinking
about bringing a claim it would be sensible to seek legal advice as soon
as possible.
There are various types of accidents that can be claimed for, the main
ones being road traffic accidents, accidents at work, trips or slips in a public
place or accidents on someone else’s property. The actual damages for a
personal injury claim are made up of “General Damages”– compensation
for the injury itself, pain, suffering and loss of amenity and “Special
Damages”, which are the financial losses and expenses that are incurred as
a result of the accident . This covers not only a Claimant’s loss of earnings,
but also the cost of any private treatment that may have been incurred,
travel expenses, costs of medication or any other losses caused either
directly or indirectly by the accident. A financial claim can also be made
for any help or assistance that a Claimant may have received from a friend
or relative whilst being incapacitated.
Although it may at first appear daunting and perhaps stressful, the claims
process really doesn’t need to be if dealt with correctly. The vast majority
(well over 95%) of cases we take on settle without the need to go to Court.
Most cases we take on are dealt with on a ‘No Win, No Fee’ basis, which
takes away all of the financial worries for the Claimant as it means that
they aren’t required to pay any money at any stage towards the running of
the claim. The systems that we have in place at Symes Robinson & Lee also
guarantee a Claimant 100% of the damages that they are awarded; there
are no deductions as our costs are claimed in addition to the damages
from the other side. We do all the hard work and there isn’t really anything
for the accident victim to worry about, apart from recovering.
If you therefore believe that you are the innocent victim of an accident
and you have suffered injury as a result, don’t let worries over the claims
system deter you from claiming what you could be fully entitled to.
It really is straightforward. Contact Mark on Exeter 01392 270867 or
map@srl-solicitors.co.uk

For more infomation please contact one of the following:

Name Position Office
Patrick Langrishe Partner Budleigh Salterton
Mark Perry Solicitor Exeter
Craig Oliver Solicitor Exeter
Denise Strawbridge Litigation Executive Exeter


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