Category: Personal

How is accident compensation calculated in the UK?

Posted on by DUITeam

Accidents happen in the blink of an eye, and can be devastating. As a result, many people want to know how much money they could receive if they were unlucky enough to have one. The answer is not straightforward because there are so many variables that need to be considered.

Here’s what you need to know about accident compensation and injuries:

What is the difference between personal injury and general damages?

Personal injury covers pain and suffering as well as any physical or mental impairment caused by your accident.

General damages cover financial losses such as loss of earnings or future earning potential.

These will depend on your age, occupation before the injury, level of education etc.;

What should I do after my accident?

The first thing you need to do is go straight to the Accident and Emergency department of your nearest hospital. After that, contact a pesonal injury solicitor. You will then provide them with details about your accident, medical records etc.

How are injuries categorized by the courts?

Injuries are divided into three categories:

  • Category 1 includes injuries such as broken bones or lacerations requiring stitches
  • Category 2 includes injuries such as soft tissue damage
  • Category 3 includes neurological damage including concussion, psychological trauma etc.

What factors influence compensation awards?

There are many factors that have an impact on the amount of compensation you could receive for your car accident claim

These include:

* The severity of your injuries

* The amount of treatment required

* Your age, occupation and level of income before the accident

* Your life expectancy

What happens if I make a full recovery? Does it mean I get nothing from my car accident claim?

Not necessarily. Even if you have made a complete recovery, there may be long term effects that affect your lifestyle in terms of pain, mobility etc. If this is the case then you could still receive compensation for your claim.

What amounts are typically awarded for accident compensation claims?

In order to calculate the average amount granted, you need to take into account both personal injury and general damages.

This figure sits somewhere between £1.5 – £4 million. The final figure will depend on a number of factors such as your age, profession etc. As a result it is difficult to provide an accurate answer without taking all of this into consideration.

Find out more about car accident compensation claim amounts

Can I claim compensation if someone else is injured in a car accident?

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How much will you get for a car accident in the UK, if a friend or family member is injured? The amount of compensation you can claim for a car accident will vary depending on the injuries suffered by those involved.

The severity of Injuries from Car Accidents

You can make a compensation claim if you have been injured as a result of someone else’s negligence whilst using a vehicle. These include cars, bikes and trucks as well as other forms of transport. If your injury is not deemed serious, then it could be difficult to seek legal advice about making a claim against the driver, but this may still be possible depending on the situation.

For example, if another person was driving negligently and caused an accident which resulted in injuries that were not initially considered life-threatening, then you may still be able to pursue a claim depending on the nature and severity of the injuries which you have suffered.

The same applies if another vehicle caused an accident and as a result, your car was damaged so badly it had to be written off. If this has happened, then you should speak with a solicitor even if your own injuries were not life-threatening or serious because there could be other instances where making a claim against someone who is negligent would be worthwhile.

If however, another vehicle caused an accident that resulted in death for example, then whether or not someone can make a wrongful death compensation claim will depend entirely on what type of injury killed the victim. In the UK, those who are killed as a result of a car accident are usually automatically entitled to claim compensation.

If the victim was not killed as a result of an injury sustained in the road traffic accident though, then there may be no automatic entitlement to make a wrongful death claim even if they were either partially or wholly reliant on the deceased’s income. If this is your situation, then you should speak with a personal injury solicitor. There are special rules which govern the circumstances under which you can obtain financial redress for bereavement too.

Conclusion: It depends entirely upon whether someone dies as a result of injuries sustained in an accident and victims who survived will have more success than those who died. Those who had been injured but not fatally may still be able to claim depending on how serious their injuries were.

PLEASE NOTE! We are not lawyers just a group of ordinary people trying to help others out with information on our website!

Find out more about car accident injuries

Guide to types of civil cases

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Going to court is a serious matter, and it’s important to understand the different types of civil cases that can be heard in a courtroom. In this article, we’ll explore the four major categories of civil cases-tort, contract, property, and family law. Each type of case has its own unique set of rules and procedures, so it’s important to know what you’re getting yourself into before you go to court. Let’s get started!

Disputes over contracts

When one or more parties to a contract are unable or unwilling to carry out their obligations, a dispute may arise. This is frequently the case because contracts written in vague language generate varying expectations among the signatories, but it is usually due to one party overextending itself and not having enough money or personnel to do so.

Disputes about property

The distinction between real property and property law is important. Property law concerns quarrels about property ownership and the loss of property or real estate to one person. A civil litigation attorney may handle a variety of types of property disputes. Property line conflicts are one example, in which one owner claims that a neighbor has encroached on their side of the boundary between properties. Adverse possession is another example, in which someone claims to have taken ownership of land with the belief that he or she has been occupying it for an extended period.

Torts

A tort is a civil case in which one party claims that another caused them physical or emotional injury. Tort cases can take many shapes and include issues such as personal safety, property protection, and financial security. Assault or battery cases are examples of common torts concerning accident and injury. Negligence claims in which one person accuses a caregiver of failing to provide adequate care and support also constitute torts.

Family law

In a broad sense, family law includes any case that pertains to family or spousal relationships. One example of a family law case is divorce, in which an estranged couple’s property and assets are divided up.

Class Action Cases

A class-action lawsuit is similar to a tort case, with the exception that in these instances, the prosecution represents a group or class of people who have all been harmed by the same thing. These are frequently seen in defective goods and toxic materials incidents where the faulty item injured numerous people before being recalled.

Complaints Against the City

This is specific to the US. In most cases, complaints against the city or federal government are settled out of court, but if the government refuses to negotiate, these matters are generally handled as civil lawsuits. These claims can be brought in any situation where the claimant contends that city legislation or policy has harmed its citizens.

How much car accident compensation should I get?

Posted on by DUITeam

In the UK, if you’ve been injured in a road traffic accident then it’s your responsibility to report the matter to the police and subsequently make a car accident claim.

However, there are some exceptions to this rule – if you’re a pedestrian and have been injured by a car, for example, then you should make a pedestrian accident claim.

In this guide we’ll be focusing on road traffic accidents, specifically those involving cars.

A common question we get is whether or not you can claim compensation for whiplash injuries following a car crash.

The short answer is yes – if you suffered serious neck pain as a result of an incident that wasn’t your fault then you can make a claim for compensation. In our experience, most people who suffer from whiplash following a car accident do not always realise that they are entitled to compensation until they hear about it from someone else or from reading an article like this one.

If you’ve been involved in an accident that wasn’t your fault, you may be able to claim compensation for any injuries you sustained.

This is called third party injury compensation and is one of the most common reasons people go to court (or settle out of court).

It doesn’t matter whether you were injured in a road accident, at work or even playing sport – if the injury was caused by another person, you could be entitled to receive financial compensation.

How much compensation should you receive?

The amount of compensation you receive will depend on how serious your injuries are. Here are some of the most common injuries that can result from an accident:

Common soft tissue injuries: These are often described as ‘workplace’ or ‘sports’ injuries because they are caused when an impact forces the soft tissues in the body to become overstretched or torn. They include strains, sprains and whiplash.

Long-term problems: If your injury is serious enough to cause long-term damage, such as chronic back pain or nerve damage, this is known as a permanent disability. You could receive ongoing payments for this.

Permanent scarring: More severe injuries can cause lasting scarring on the skin.

As a rule, you’ll need to be able to demonstrate that the injury suffered falls into one of the following categories:

  • You sustained a physical injury to your body or mind that significantly impacted on your day-to-day life and activities
  • Your employer suffered financial loss because of your inability to work
  • You were physically unable to work due to injury
  • You suffered as a result of psychological trauma as a result of the accident or your injuries

When you’ve established that you have a case for claim, it’s worth getting in touch with an expert third party personal injury lawyer who can give you expert advice on how best to proceed with proceedings.

The amount of compensation you could potentially receive is largely dependent on the seriousness of your injuries, but could cover anything from medical expenses, loss of income due to inability to work, pain and suffering and even funeral costs if applicable. 

Claiming for wrongful death

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If you’ve lost a family member to a fatal accident, and you think someone was at fault, it’s important to discuss your legal options with an experienced personal injury attorney.

Wrongful death lawsuits allow you to recover compensation for the loss of life, including damages for your pain and suffering, loss of support, loss of companionship, funeral expenses, and more.

If you have suffered a loss in due to the negligence of another person or entity, contact our wrongful death lawyers at Hanson Bridgett LLP .

We are dedicated to protecting the rights of victims’ families. We have helped hundreds of clients recover millions in compensation for their losses. Call us today for a free consultation regarding your case.

A wrongful death case is a civil lawsuit, and it can be brought on behalf of the victim’s surviving family members. While wrongful death cases are not criminal cases, they can help families seek compensation for financial losses and emotional trauma resulting from a loved one’s sudden and unexpected death.

Find out more about wrongful death claims at mglegal.co.uk

There are three types of claims that can be pursued in a wrongful death case:

Wrongful death: A person died due to an intentional or negligent act of another person or entity.

Survival cause of action: A person’s injuries were so severe that they caused their own death. This is typically used in medical malpractice cases when the victim dies after suffering lasting injuries such as brain damage or paralysis.

Intentional tort claim: A person’s death was caused by the intentional actions of another person or entity, such as assault and battery, defamation, false imprisonment, and libel.

Wrongful death cases can provide some peace of mind and financial support to the survivors of a deceased loved one who were left with bills and no way to make ends meet.

The compensation that you could be owed in a wrongful death lawsuit depends on the details of your case. The following are some examples of the kinds of cases where you may be entitled to substantial compensation:

  • Car accidents
  • Truck accidents
  • Medical malpractice
  • Product liability
  • Construction accidents
  • Railroad accidents
  • Premises liability

The death of a loved one is never easy, especially when it is caused by another party’s negligence or wrongdoing.

Death can cause emotional turmoil to family members, friends and other loved ones.

When an individual dies due to someone else’s negligence or wrongdoing, you may be entitled to substantial compensation to help with medical expenses, funeral costs and other financial losses that you have suffered.

You may also be able to pursue damages for your own losses, including your pain and suffering or other emotional distress. If the wrongful death was the result of a fatal accident, the deceased person’s estate may have been deprived of income during his or her lifetime. This loss of future earnings could also be taken into consideration in determining damages.

For example, if someone was killed in an accident that occurred because of someone else’s carelessness, then surviving family members could pursue a lawsuit against that person for their own losses.

Brain Injuries: What Do I Do After?

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In most traumatic brain injury cases, there are no warning signs. No physical injuries, no bruising, and no apparent damage.

Here are some tips on what to do after a traumatic brain injury (TBI)

In the early stages of a TBI, emergency personnel have a difficult time diagnosing a victim. Many victims with a brain injury will go undetected during a medical examination.

Even if a victim is admitted into the hospital, the symptoms may not be immediately evident.

As a result of these issues, it can take months for a potential TBI victim to be diagnosed. This timeframe can have lasting effects on his or her ability to claim compensation from an accident or injury.

Because the symptoms of a TBI are not always evident at first, it is crucial for victims to retain legal counsel as soon as possible after an accident.

A brain injury lawyer will help you protect your rights and make sure you receive the compensation you deserve.

Traumatic Brain Injuries (TBI) can occur in many different manners:

  • car accidents
  • slip and fall accidents
  • construction accidents and many more types of events.
  • medical malpractice, and the severity of head trauma can vary significantly.

Brain injury is often referred to as an “invisible injury” because it may not be immediately apparent that someone has suffered a brain injury, and symptoms can vary widely between individuals despite the universal designation of brain injury.

Moderate brain damage may cause someone to experience vision problems or trouble concentrating, while severe brain damage can cause partial or complete memory loss and personality changes.

If you or a loved one suffers from memory loss, cognitive problems, behavioral issues, vision problems, concentration problems, headaches; seizures; dizziness; nausea; vomiting; ringing in the ears; sensitivity to light and sound; difficulty with balance and coordination; difficulty speaking clearly; difficulty swallowing; or pain in the neck or back as a result of head trauma then you should speak to experts who are experienced in head trauma and brain damage.

Depending on the severity of the injury, it is possible to be completely or partially disabled for life. Some people recover within weeks, while some suffer permanent brain damage. The most common symptoms of a brain injury (TBI) include:

  • Confusion
  • Blurred vision
  • Personality changes
  • Irritability
  • Forgetfulness
  • Slow or slurred speech
  • Headaches
  • Loss of appetite and/or nausea
  • Physical weakness or paralysis

The sooner you seek medical attention after sustaining a brain injury (TBI), the better your chances are for recovery. Some symptoms of a TBI may not present themselves right away; they might appear days or even weeks later, or they may worsen over time. Prompt medical intervention is important.