Compensation Claim

How to make your compensation claim easier

Categories: Compensation Claim | Tags: , , | Written by Hilary on October 31, 2009

 

Road traffic accidents, or RTAs, are among the most common types of compensation claims made in the UK. There are hundreds of minor accidents on the roads and in car parks every day, and while many of them pass off without any injuries, all too often someone is injured and can claim for personal injury compensation.

Whiplash is one of the most common types of injury, and can be suffered by someone even if the other car is travelling at low speeds. When you are the victim of an accident, you can make your claim stand a better chance of success if you follow this checklist.

  • Take photographs of the scene, this always helps insurance companies to apportion blame
  • Get names of everyone involved in the car, including phone numbers, addresses and insurance details
  • Take details of witnesses, with full contact details. This could be essential in finalising your claim
  • Report the incident to the police and receive a crime number
  • Seek medical attention from a hospital or a GP. Where possible, phone for an ambulance

By following these steps you should give your personal injury claim a better chance of success.

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Personal injury lawyer sued for failing to file case in time

Categories: Personal Injury Lawyers | Tags: , | Written by Paul on September 24, 2009

 

A couple from St. Louis, USA, are suing their personal injury lawyer after he failed to file their case for compensation in time, allowing the statue for limitations to expire meaning they could no longer claim for their car accident.

The couple, Kenneth Funk and his wife Laurine, were injured in a car accident in 2005. The accident was not their fault, as another man, Todd Kessler, crashed into the side of their car.

However, their personal injury lawyer, Jeffrey S. Hamel, didn’t gather the necessary documents in time to file the claim against Mr Kessler, and didn’t even tell the couple that he had failed to do so.

The law suit, brought by the couple against the personal injury lawyer, states:

But for Defendant Attorney’s negligence, as pleaded above, Plaintiff would have been successful and recovered monies in his personal injury claims against Kessler arising out of the September 19, 2005 crash.

The couple are looking for $100,000 in compensation from their former personal injury lawyer, a similar figure to that which they would have claimed had their case been filed in time.

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Claiming compensation against your partner in a car accident

Categories: Compensation Claim,Road Traffic Accident (RTA) | Tags: , , | Written by Paul on September 16, 2009

 

Everyone knows that if you’ve been the victim of a car accident you can make a claim for compensation against the person responsible for the accident. However, what many people are unaware is that they can claim against the driver of the car if they themselves were passengers in the car.

If you are travelling in a car and the driver of the car suffers an accident that was their fault, you are able to pursue a claim for compensation for your injuries suffered against the driver of the car.

This is also the case if you are related to the driver, even if they are your spouse, such as husband or wife. You would in effect be making a claim against their insurance company, which would often be your own insurance company as well, looking for payment for your injuries.

While this isn’t common, it does happen and is something you can consider if you suffer injury in a car accident where your husband or wife is driving.

You should of course understand between you that it’s not personal, you’re simply entitled to compensation for the accident and should be paid for your injuries.

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What should I do when I have a car accident?

Categories: Road Traffic Accident (RTA) | Tags: , , | Written by Michael on September 8, 2009

 

Having a car accident can be very traumatic and stressful. You’ve the sudden shock of crashing into someone, or having someone crash into you. You have the shock of seeing your car, which many people take great pride in, being damaged, sometimes destroyed and you have the pain of injury to contend with.

You also have emotions such as anger at the person who caused the accident. This can lead many people to forget what to do when they have a crash, but if you intend to make a claim for compensation you should follow these guidelines whenever you have a crash:

  • Take down the full details of the people involved, including name, address, insurance details, car registration and phone numbers.
  • If they give you a mobile number, test it there and then to see if it rings!
  • Take photographs of the accident from all angles with your phone.
  • Look for witnesses and get their details, even if the accident seems minor and there’s no visible damage to your car or injury to you. Damage could be discovered later and your injuries could come on after the incident.
  • If you are injured in any way, call the ambulance service. You don’t know the extent of your injuries and it will help your compensation claim.

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The importance of a witness in an RTA

Categories: Compensation Claim,Road Traffic Accident (RTA) | Tags: , | Written by Paul on August 25, 2009

 

When you’re the victim of an accident and someone has crashed into you, it’s absolutely vital that you have a witness to the accident. Without a witness or an admission of liability, you cannot claim for compensation for your injuries. Liability is essential for the successful outcome of any personal injury claim, as without an insurance company will not pay for your repairs or for your injuries.

Remember, just because you are the victim of the accident doesn’t mean that you’ll receive compensation for injury. You have to make sure that you can prove liability and the best way to do this is with an independent witness.

Make a note of everyone who is present, including names, car registrations (and make and model) and of course phone numbers and addresses. This information could be vital in proving blame for an accident, which in turn is vital for a successful compensation claim.

You can’t rely on the fact that someone might admit their guilt, even if they do so at the time they could always change their mind later when talking to their insurance company. Without a witness you could be left with a damaged car, serious injuries and no way to claim.

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Family win compensation for death of school teacher

Categories: Compensation Claim,Road Traffic Accident (RTA) | Tags: , , | Written by Michael on August 20, 2009

 

A family has won a compensation payout of £580,000 after the death of a schoolteacher from Manchester. The man, forty-four-year-old David Kerslake, was cycling home from school when he was hit by a car in 2004, suffering fatal injuries.

The driver of the car that struck David suffered a hypoglycaemic attack, which resulting in him losing control of his vehicle and ploughing into the cyclist. The driver’s insurance company covered the costs of the compensation claim, which have gone to David’s wife Jacqueline and his daughter.

His wife is a nurse at Manchester’s General Hospital. She stated:

I had a lot of reservations about fighting for compensation – how do you put a price on someone’s life?

However, I received a lot of support and when we won it was a relief as it means that my little girl will be financially secure for the future.

It was horrendous going through the process, but at least it gave some recognition for his life being lost.

He was amazingly popular. The money will never bring David back, but at least I feel like we have some kind of future at last.

This story shows an insurance company happy to pay out for the loss of life, which is all credit to them. All too often insurance companies try to avoid paying in these circumstances.

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Can I claim compensation against the driver if I was a passenger?

Categories: Compensation Claim,Personal Injury,Road Traffic Accident (RTA) | Tags: , , | Written by Michael on August 16, 2009

 

One of the most common questions with regards to personal injury claims for compensation is whether you’re able to claim compensation for injuries sustained as a passenger in a car, when the driver of your car was at fault.

It may surprise you to learn that actually you can make a claim against the driver if you were hurt in an accident, even if the driver of the car is your spouse. It’s common for passengers in cars to make claims against the driver if they are at fault for an accident and the passengers have been injured. It is less common for passengers to make claims against their wives or husbands, but it does happen.

For example, if you are the passenger in the car and the driver loses control of the car, crashing it, causing you to suffer injuries such as whiplash; you are able to proceed with a claim for compensation against the driver.

It shouldn’t be taken personally as the driver’s insurance company would be footing the bill, and friendships shouldn’t be lost over it.

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