Injury Claim Advocates: Experienced Accident Claims Attorneys

YOUR PERSONAL
INJURY CLAIM

THE CONTEXT OF INJURY LITIGATION

1. People sustain injuries on a daily basis. The majority of these injuries are simple accidents that occur without any fault attributed to anyone. However, there are instances where injuries are caused by someone’s fault, which raises the possibility of receiving compensation. Such injuries commonly arise from accidents that happen on the road, in the workplace, or on property owned by another individual or entity.

2. It is uncommon for individuals to experience multiple injuries that give rise to a legal claim. Therefore, most injured individuals only go through the claims process once, and it can seem like a mysterious ordeal.

3. Although lawyers possess extensive knowledge about various aspects of the claims process that may be unfamiliar to non-lawyers, the underlying message of this guide is that the majority of the process is based on common sense.

4. Injured individuals often rely solely on their lawyers to advocate for their best interests. Dealing with the aftermath of an injury can be overwhelming, leaving little energy to engage with legal matters.

5. It is entirely possible that most lawyers deserve the trust placed in them. This guide aims to ensure that you are receiving high-quality legal advice and support in a timely manner. The process can often feel detached from your own experience, taking an inexplicably long time to make progress. As explained in section 2, there are valid reasons for this slow progress, such as organizing medical examinations or awaiting treatment outcomes. However, you should always be provided with a clear understanding of the expected timeframes and the factors that prolong different aspects of your claim. Moreover, you should be kept informed of any updates without feeling hesitant to inquire about progress and then becoming frustrated if there is no news to report (see section 4 for further details).

Aims:

1. To clarify the legal process, ensuring your comprehension of the process, legal framework, expectations, and your role.

2. To empower you in constructing a well-defined and rational claim, thereby increasing the likelihood of receiving fair compensation through a settlement.

3. To aid you in evaluating the quality of service provided by your chosen representatives, enabling early detection of issues for timely resolution, and as a last resort, facilitating the replacement of advisors.

10. Many individuals inquire, “Will my case go to Court?” They lack knowledge regarding the percentage of cases that culminate in a trial, as well as the underlying reasons. Naturally, they experience apprehension about the prospect of appearing in court. The truth is that only a minuscule fraction of claims actually proceed to trial, specifically section 26. However, it is consistently advisable for your legal representatives to approach your claim as though it were destined for trial. This approach ensures that their efforts are focused on establishing the necessary burden of proof for the claimant. It serves as a valuable disciplinary measure and enhances the development of a persuasive claim that significantly boosts the likelihood of achieving a favorable settlement with the defendant. 

11. In summary, as long as you receive sound legal counsel, there exists a high probability that your claim will be resolved at an equitable level.

GUIDANCE IF YOUR REPRESENTATIVES LET YOU DOWN

12. This guide is not intended to create a divide between you and your representatives. Your interests and theirs should align: to achieve the highest compensation settlement that can reasonably be obtained for you. Section 6 addresses the possibility of changing representatives, acknowledging that in certain circumstances, the relationship may break down. If this happens, it is important to know what steps to take next.

GUIDANCE AFTER YOUR CLAIM HAS BEEN CONCLUDED

13. This guide may be helpful to individuals who have concluded their claims and feel they were poorly advised or represented, or pressured into settling against their wishes. These issues are discussed in section 22.

HOW TO USE THIS GUIDE Injury Claim Advocates

14. The guide serves as a valuable tool, covering complex issues and ideas that may initially appear daunting. Remain calm and do not panic.

15. It is natural to find certain concepts overwhelming, but with repeated reading of each section, the ideas will become more familiar.

16. I recommend reading the guide, section by section, either by yourself or with someone you trust. Remember, there is no need to memorize the content.

17. Don’t expect to understand every paragraph immediately. Certain important matters have been discussed in great detail, such as expert medical evidence in section 13. To grasp these issues, it is best to attempt reading the entire section at once, at least initially.

18. Please note that there are certain issues that I have not been able to cover or delve into extensively in this guide. For instance, whether your damages are received as a lump sum or in stages (section 29) will require explanation from your advisors.

19. The guide aims to assist you in comprehending the elements of your claim and the responsibilities of your representatives. This will enable you to collaborate effectively as a team and present a well-structured claim to the insurers, increasing the likelihood of a prompt and equitable settlement with minimal stress.

20. Ultimately, this guide endeavors to equip you with the necessary information, confidence, and optimism to approach a challenging process.

HOW DOES THE LAW COMPENSATE ME?

MONEY SPENT AND MONEY LOST

42. The law is proficient at reimbursing you for the financial losses incurred due to your injuries, primarily in the form of lost earnings. It also covers legitimate expenses for treatments, aids/equipment, support, travel, pain relief medications, and similar costs. For detailed information, refer to section 16.

43. In the majority of personal injury cases, the most significant component of the claim pertains to both past and future loss of earnings. However, in specific severe cases, the following factors contribute substantially to the claim:

(a) Future physical care and assistance – such as in cases where the accident injuries result in severe ongoing limitations.

(b) Future ‘case management’ (essentially coordinating care) and comprehensive support in situations involving serious brain injuries, where the injured individual requires substantial daytime and nighttime aid.

(c) Prosthetics (artificial limbs) in amputation claims, where the injured person is determined to enhance their independence and engagement in various activities.

PAIN, SUFFERING, AND LOSS OF AMENITY

44. The compensation granted for the actual injury (or injuries) and its subsequent effects is referred to as the award for ‘pain, suffering, and loss of amenity.’ The term ‘amenity’ signifies the loss of enjoyment in life and is also known as PSLA or ‘general damages,’ all of which convey the same meaning.

45. Previously, estimating PSLA used to involve examining numerous past rulings and determining where your claim fit within that framework. However, since the early 1990s, judges and legal professionals have benefited from the ‘Judicial Studies Board (JSB) Guidelines,’ a booklet that has undergone over 20 years of revision. These guidelines provide ranges of compensation amounts for physical and psychological injuries, assisting in the estimation process.

46. Based on my experience, most individuals perceive the compensation they receive for their injuries as inadequately low. Unfortunately, the JSB Guidelines’ overall level of compensation awards is exceedingly challenging to dispute.

REDUCTIONS TO COMPENSATION – (I) CONTRIBUTORY FAULT

47. In many instances wherein the cause of an accident is apparent, the liability between the involved parties is promptly settled. However, in other scenarios, the defendant may acknowledge being primarily at fault for the accident but argue that the claimant also contributed to their injuries and financial losses. This frequently occurs in workplace claims and road traffic accidents (RTAs), possibly due to the claimant driving at excessive speeds or knowingly undertaking hazardous risks at work.

48. In such situations, you and your advisors must consider how liability or fault should be apportioned between the parties. During trials, the court typically allocates liability in proportions such as 50:50, 67:33, or 75:25, favoring one party over the other.

49. If contributory negligence or fault is alleged against you, it is crucial for you:

(a) to comprehend the reasons for being asked to consider sharing the blame, and

(b) to receive compelling justifications for agreeing to the portion of fault that your representatives believe you should accept. Refer to sections 22 and 23 for further details.

50. In every claim, the injured party has a responsibility to reasonably minimize the impact of the accident. This responsibility is known as the “duty to mitigate.” It arises in various ways and can be seen as an integral part of the concept of causation, as explained in section 14. Essentially, if a person acts reasonably, it is highly unlikely that they have failed to mitigate their loss, and therefore, their damages are unlikely to be reduced.

51. The concept of mitigation holds different meanings depending on the specific aspects of the claim. One aspect of mitigation, for example, involves replacing a damaged item at a reasonable cost. This may seem obvious. Another example pertains to a person’s decision to accept a job that pays less, is less pleasant or convenient, and requires fewer skills than their pre-accident work, solely for the purpose of earning income. If the person chooses not to accept such a job, the Court would have to determine whether this decision was “reasonable” if the claim does not settle.

52. When assessing “reasonableness” in the context of mitigating loss, the Court does not establish a highly demanding standard. It acknowledges that people may make imperfect decisions. In the above example, it may have been reasonable for the person to hold out for a better job. However, the reasonableness of such decisions depends on the precise circumstances and necessitates detailed evidence and expert advice.

53. Additionally, in the specific context of medical treatment, the law is extremely hesitant to criticize an individual for not undergoing invasive procedures, such as an operation requiring general anesthesia.

54. An insurer may argue that a person who could have significantly improved or completely resolved their symptoms through a short course of physiotherapy has failed to mitigate their loss by not pursuing the treatment. Consequently, the insurer might seek to prevent the individual from recovering their loss of earnings that would have occurred after the completion of the physiotherapy.

55. On the other hand, deciding not to undergo an operation would highly unlikely be considered a failure to mitigate.