Accident Compensation Claims

Accidents can happen anywhere: at work, at home, on the road, in town or abroad. If someone else is at fault, you may be able to claim compensation. So if you are thinking of making a Personal Injury claim, you would be financially better off consulting a Ford Simey solicitor for FREE first.

Ford Simey advises on all claims using a no win, no fee arrangement and that means what it says. We offer free initial advice and we take the risk. We pride ourselves on only taking on winning cases. We do not take any of a client’s compensation. You get paid in full with a guarantee of 100% damages. The defendant’s insurers pay our fees separately. Unlike with many other Firms, there is no consumer credit agreement or loan.

Had an Accident? We will assess your claim within one working day.

Click here to complete our simple‚ no obligation‚ online form.

Certain incidents trigger compensation claims. Click on the type of accident or injury to see more details.

Whiplash

Whiplash is the common term for injuries to the neck that may occur in many accidents.

Whiplash injuries are common. Often the problems are not felt until the morning after the accident. The pain can last for about a week or be permanent.

You should seek medical advice immediately. Remedial treatment such as Physiotherapy may be helpful.

You should seek medical advice immediately if you have any of the following symptoms:

Pain and/or stiffness in the neck
Difficulty when moving your neck
Pain or stiffness in your shoulders, or down your arms
Headaches, dizziness, blurred vision, or pain on swallowing.
Irritability and/or inability to concentrate.
Much depends on how long the injury lasts and if the problems are permanent. The Judicial Studies Board Guidelines give the following range of awards:

Full recovery within a few weeks and a year £850 to £2750

Full recovery within 2 years £2,750 to £5,000

Recovery within a few years £5,000 to £8,750

Permanent loss of movement, pain or stiffness £8,750 to £16,000

Fractures

Most fractures are straightforward and the person will make a full, or virtually full, recovery. However, accidents can result in multiple fractures of the same or different limbs. These can be much more serious and in the most severe cases can lead to amputation.

Fractures can be of varying severity but all will attract compensation.

Example guideline awards for fractures are as follows:

Fractured Clavicle £3250 to £7,750

Fractured Pelvis up to £83,500

Fracture to the Forearm £4,250 to £83,500

Fractured Wrist up to £38,250

Leg fractures up to £86,500

These figures are taken from the Judicial Studies Board Guidelines, which are frequently referred to by judges in the County Court when assessing injury compensation. Of course, many fractures can attract lower awards.

Ligament damage

Ligaments are the fibrous tissues that connect bones together. Damage to the ligaments around a joint, particularly the knee, is a common injury.

Damaged ligaments can be overlooked initially. When you are suffering from pain in other areas of your body, this kind of injury can be overlooked until you start trying to mobilise again.

Thorough examination of the injured joint and a scan may be required to identify any damage.

The Judicial Studies Board Guidelines do provide assistance in valuing this sort of injury and some examples are:

Moderate Elbow injuries up to £8,000

Moderate Work-Related Upper Limb Disorders that are resolved in about 2 years up to £6,150

Moderate knee injuries up to £8,750

Moderate Ankle injuries up to £17,000

Soft tissue injury

Soft tissue injuries cover bruising and torn muscles.

This sort of injury can take a long time to heal.

Typical indicators of soft tissue injuries are bruising, inflammation or cuts.

Evidence of the injury can be obtained by attending your doctor or hospital so that the injuries can be documented. Take photographs if possible.

The amount of damages will depend on the type and severity of the injury.

When damages are determined for the various injuries suffered, they will almost always include an element of damages for soft tissue injuries.

However, an accident can result in major soft tissue injuries that will then attract a separate award of Compensation.

The Judicial Studies Board Guidelines give some guidance on what these sorts of injuries are Worth and injuries involving permanent scarring can attract awards of several thousand pounds.

Psychological injury

Within any award for personal injury, there will be an allowance for psychological injury. However, where the psychological response to an accident is more serious than usual, additional compensation may be awarded.

You can claim for psychological injury when you have been the victim of an accident if you were present at the accident or if you attended the scene shortly after the accident.

The sort of symptoms that may indicate that an additional award may be appropriate can include:

Avoiding discussing the accident
Being upset when discussing the accident
Insomnia and/or nightmares
Flashbacks of the accident
Avoiding the place where the accident occurred
A breakdown in relationships with family and friends

The level of injury can range from simple anxiety (often described by doctors as ‘adjustment disorder’) to depression or post-traumatic stress disorder. However, doctors can be reluctant to diagnose any psychological injury.

Where a psychological injury may be present it is important that it is treated quickly.The sooner treatment is obtained the better. If in doubt consult your doctor as soon as possible.

Fatal accidents

Fatal accidents usually give rise to a claim for Bereavement Awards and claims by the dependents of the deceased.

There are complicated rules in relation to these; the simplest of which is the bereavement award. This is limited to the spouse of the deceased or, if they were under 18, the parents.

Parliament fixes the figure that has to be paid as a bereavement award in qualifying cases. The award is only payable in the event of a successful claim. There is no automatic entitlement. Under the Fatal Accidents Act 1976 the amount of Bereavement Award has been set as follows:

Accidents from the 1st January 2008 onwards £11,800.

Dependency claims are more complicated and require specialist advice that we can provide. When a fatal accident occurs, there may be an obligation to apply for Probate. Ford Simey Solicitors can assist with this process.

Details of some of our latest awards

These are examples of a few of our latest successful compensation awards

Devon man (head injury at work) £100,000

Exmouth man (shoulder injury, fall at work) £7,500

Exeter man (fall from scaffolding) £11,500

Devon Woman (whiplash in Car accident) £4,500

Bristol Woman (shoulder strain at work) £9,500

Gloucester man (back injury in car accident) £25,000

Involved in a Road traffic accident? Here’s what you should do

There are several points you should consider

1. Do l have to stop?

You must always stop at the scene of an accident if you think that your accident has caused injuries to people or domesticated animals or damage to vehicles or any roadside fixtures.

2. Is it always necessary to call the Police, Fire Brigade or Ambulance, or a combination of all three?

You should call the emergency services immediately if anyone involved in the accident is in need of urgent medical attention, or if the road is blocked by vehicles or debris, or if one of the persons involved in the accident leaves the scene of the accident without providing details of their name, address and insurers.

3. Any witnesses?

If there are any witnesses try to get their name and address as you may need to contact them at a later date. If any of the witnesses were travelling in a motor vehicle take the registration number of the vehicle.

4. Exchanging details with other drivers?

The Road Traffic Act requires you to exchange details of your name, address and insurance company with any other drivers involved in the accident.

5. The scene of the accident

Many accidents are not straightforward in that it is difficult to decide who was to blame for the accident it is therefore sensible to make a rough drawing of the scene of the accident and, if possible, take photographs. If you do not have a camera on your mobile telephone then it is worth carrying a cheap disposable camera in the glovebox of your car in case of just such an emergency.

6. Do not lose your temper!

Try to keep calm a tall times. It may be difficult, especially if you feel that someone else was to blame for the accident but losing your temper will not help either you or anyone else.

7. If you have been injured in an accident

If you feel that the accident was not your fault, then you may be entitled to compensation from the other driver’s insurance company.

Beware of Claim Management Companies and legal firms appointed by your own insurance Company who may contact you after the accident. Always use a specialist personal injury solicitor. He/she will act solely in your best interests and will ensure that your compensation is maximised. At Ford Simey Solicitors, we have a dedicated Road Traffic Accident unit and we will be happy to provide you with free initial advice.

Dissatisfied with your solicitor? You can change. Find out how

Did you choose them or were they appointed for you?

You have a right to change your solicitor if you are not happy with the service and/or advice you are getting.

The most common reason for dissatisfaction is a breakdown in communication. This may be for a number of reasons, many of which will not be your fault. For example, is your solicitor usually available to talk to you; does he/she return your calls or respond to letters?

When choosing a solicitor, you should consider the amount of experience they have of dealing with accident claims. For example, Will a qualified personal injury lawyer be dealing with your case?

At Ford Simey Solicitors, we specialise in accident claims. Andrew Wendon heads up the Ford Simey Personal Injury Team and he says: “if you are thinking of making a Personal Injury claim, you would be financially better of consulting a solicitor for free in the first instance before being tempted to trust a ‘professional’ claims advisor or a lawyer chosen for you by your legal expenses insurers”.

We are accredited Personal Injury specialists. Find out more

If you need medical help most people would consult a doctor. The more complex the problem, the greater the need for a specialist.

It’s the same with personal injury compensation. The Law Society of England and Wales monitors an accreditation scheme for personal injury lawyers. Only those who have received the necessary training and can demonstrate skill and experience are approved for the Law Society Personal Injury Panel.

Home visits can be arranged to advise you on whether you have reasonable prospects of success in making a claim to gain maximum compensation.