By | 2019-05-08

If you have had an accident causing personal injury that was the fault of someone else, within the last three years, an accident claim solicitor will be able to win damages for your pain and suffering and can also claim back all financial losses including lost wages. Specialist solicitors deal with personal injury compensation claims using the no win no fee scheme. Compensation is often paid in full with no deductions. They do not ask you to finance your claim which is totally risk free. If you would like free initial advice on the telephone, without further obligation, just call an accident claim solicitor who is a member of the Solicitors Regulation Authority panel of personal injury experts will discuss your potential claim over the telephone and advise you on the chances of success and the anticipated amount of compensation that will be awarded.

Negligence

In order to recover compensation an accident claim solicitor must show that the person to blame for the accident owed some responsibility to the injured party and was negligent, which effectively means that the guilty party did not take reasonable care for the health and safety of the injured person who is making the claim :-

“Negligence is the failure to use reasonable care. It may be defined as doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do. Negligence is a departure from what an ordinary reasonable member of the community would do in the community.”

Compensation

The amount of compensation for pain and suffering that can be recovered by an accident claim solicitor depends on the severity of the injury, the overall recovery period and whether or not there are any long term consequences or disabilities. In the absence of agreement between the parties, awards of damages for pain and suffering are assessed by a judge who is guided by a compensation manual published by the Judicial Studies Board in conjunction with consideration of damages awarded in previously decided cases.

In addition to compensation for pain and suffering the injured person may also claim for all reasonably incurred financial losses that are reasonably foreseeable including damage to property and loss of wages or salary that.

Limitation

Most issues of a legal nature are governed by time limits. The Limitation Act 1980 determines that, in general terns, a claim for losses as a result of personal injury must be concluded within three years of the event causing the damage or legal proceedings that are continuing must have been issued in a court of law within a similar time period of three years. There are exceptions to this rule and the court does have a wide discretion to extend or delay the start of the limitation period. Exceptions occur for minors whereby time does not start running until the eighteenth birthday and for the mentally disabled where time does not start running until full mental capacity returns. Time also does not start running until the injury is discovered which in some personal injury cases can be decades after the event.

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