How much compensation can you claim for a personal injury arising out of a road traffic accident?
This is the question on everyone’s mind at the start of their claim and the answer varies dramatically, depending on the nature of the injury sustained, and the person who suffered the injury. Your compensation is largely based on your medical evidence and in particular, the severity of your injuries and what sort of recovery you make from the injuries.
Road Traffic Accidents can cause relatively minor soft tissue injuries which may warrant an award of between £1000.00 and £3800.00 if you recover in anything from a couple of months to one year with awards ranging into £100,000.00’s for catastrophic injuries. Please see our infographic guide on our Personal Injury page for ranges of compensation.
We always assess claims individually and whilst, of course, we must pay attention to the Judicial Studies Board Guidelines and relevant Case-Law, we will ensure that advice on your settlement is tailored to you and how the injuries have affected your life.
Can I claim for personal injury as a passenger in a car?
Yes, you can. As a passenger you were in control of neither vehicle and so you would be entirely innocent of any fault regardless of the circumstances. Often, a passenger claim will be settled quickly to remove the added complication of having passengers pursing a claim which must, ultimately, be settled by one party or another.
Initially, your claim would be directed to the insurer of whichever vehicle you believed to be at fault for the incident and if, at a later stage, liability was either split between drivers or found against another driver entirely, you would then pursue their insurer for the remainder of your compensation. Rest assured, we will always ensure that MG Legal will always work with you to ensure that your claim is settled as swiftly as possible.
Does the incident causing my claim for personal injury need to be witnessed?
What if the accident was my fault?
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Does not wearing a seatbelt affect my claim for personal injury compensation?
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Can I get compensation money before my case has settled?
If you are suffering lost earnings due to your injuries, need physiotherapy to aid your recovery or have a vehicle to repair, it is sometimes possible to obtain an interim payment from the fault party. This is a payment made against the final settlement of your claim and often to reduce the overall losses you sustain. For example, physiotherapy or other medical treatment early in a case will help speed up your recovery or the money to repair your vehicle will mean you need a hire car for less time.
There is no obligation on a fault party to make an interim payment, however, this is an established and usual thing to happen and so, if you believe an interim payment will assist you in minimising the impact of the incident, please discuss this with us and we will make a request for you.
Can I claim for personal injury compensation if I was partly at fault for the accident?
Yes, you can still make a claim for an incident where you were party to blame because this means that another party was also partly to blame. Your claim would most likely be settled on what is known as a “split liability” or “contributory negligence” basis which means that the total value of your injuries and losses would be assessed just with any normal claim and then a percentage would be deducted to account for your apportionment of blame or fault.
Most split liability or contributory negligence cases are open to negotiation and so, whilst it might not always be possible to obtain a full non-fault outcome, MG Legal are highly experienced in obtaining the best possible settlement and minimising any contributory negligence and we will do our best to ensure you receive the maximum possible award for your injuries.
How do I make a personal injury claim for my injured child?
The process for making a claim for your child is not too different to making a claim for yourself. Up to the age of 18, your child is not deemed to be able to make their own claim and so you will act as their Litigation Friend (Link to blog on Litigation Friends). You will instruct MG Legal as you would for your own claim, assist with the progression of the claim and in obtaining medical evidence. Settlement negotiations take place in the same way and we will ensure that we obtain the best possible settlement for your child.
Any settlement for a minor must be approved by the Court with the support of a barrister’s opinion on the value of the claim, also known as “Advice on Quantum”. You will need to attend a short (usually ten minutes long) non-contentious Hearing at your local County Court, accompanied by a barrister, to obtain the approval of a District Judge, who will then make an Order that the fault party make payment of the appropriate sum.
We appreciate that this may sound like a complex process, however, it is really quite simple, and you will always have expert legal advice and guidance to hand throughout the process to ensure your child does not miss out.