Personal Injury

After an accident, you might be confused about how much compensation you’re entitled to for your injuries. You remember a friend of yours had an accident a few months ago, and suffered similar injuries – so you look to them for advice. You decide to pursue making a claim yourself with a figure in mind of what you’ll receive, only to find that the amount you’re quoted is less. You think to yourself “why did my friend get more than me? Surely that isn’t fair?”.

There are a multitude of reasons why compensation cases may seem very similar, but result in different award amounts. In this post we explain just some of the factors involved which can have an impact.

Compensation For Your Injuries

The award of compensation for your injuries themselves (aka ‘Pain, Suffering and Loss of Amenity’) will be tailored specifically to you, and reflects how you personally have been affected. This could be in relation to anything from your work to your lifestyle, hobbies and other personal interests.

For example, a case could be worth more for someone who’s accident led to them developing psychological conditions like depression and anxiety, or whose pre-existing mental illnesses were made worse. The same goes for any pre-existing physical conditions, arthritis for example, that have been made worse after the accident.

If two people suffer a similar physical injury, there can be other underlying factors which could make one claim worth more than the other.

Compensation For Loss of Earnings

The injuries you sustained after your accident might have left you unable to go to work. The amount you would have made at work during the time you spend recovering will be included in your compensation amount.

So, even if your injuries are the exact same as somebody else’s, their awards for loss of earnings could be different based solely on the rate of pay from their employer, or if they are unemployed they will not receive anything for these damages.

Care and Assistance Costs

If at any point you needed a friend or relative to take care of you after your accident, your compensation will include a sum to cover any unpaid work. For example, a person living alone may receive less care than someone living with a partner that is able to assist them in their recovery and therefore would be awarded a larger sum.

It can also cover any expenses you paid for others to carry out work that you normally could’ve done for yourself, like self-care, being driven to appointments and cleaning.

Future Expenses

If your accident leads to a permanent injury that requires ongoing medical treatment that you need to pay for, or you are left unable to attend work for an extended time period, the value of your case could increase even further.

These awards can vary, again depending on your work and lifestyle. Certain phsycial injuries will be worth less in a claim to people with sedentary lifestyles who work in office settings for example. They will receive a lower sum than someone who is more active working as a landscaper or bartender, as their work is less likely to have been severely affected.

Ruined Life Events

Maybe you had the holiday of a lifetime planned? Or maybe your wedding was coming up and you’ve had to cancel? You might be able to recover a portion of these costs if you were injured just prior to when these plans were due to happen, and if your injuries seriously affected your ability to enjoy yourself.

If you fully recovered before the event took place, you will not be able to recover anything under this head of damages. The amount you can recover also depends on the cost of the event. Take a holiday for example – someone visiting overseas will receive a larger sum than someone who’s trip is within the country, which is usually considerably cheaper.

Knowing what your claim is worth

These are just some of th emost common factors we take into consideration when estimating what a personal compensation claim is worth to you as an individual. To truly get the best and fairest award for you, we will need to gather as much information as we can, to ensure you aren’t losing out.

If you have been involved in an accident and are wondering how much compensation you could be entitled to, give us a call TODAY on 01744 612549 or email enq@imslaw.co.uk and one of our advisors will be happy to help.

Millie McDonagh

Millie is part of the marketing team at IMS Law. She’s here to demystify all of the jargon around the law and your rights, giving you the information you need in simple terms.

It’s a Saturday afternoon and you’re browsing your favourite clothing store. As far as you’re aware, everything is perfectly normal, business as usual. You turn a corner, and all of a sudden find yourself in a heap on the ground. Wet floor, but no sign? Something left on the floor and not cleared away safely? You could have a claim.

Whether you’ve fallen victim to slippy surface, caught off guard by a crack in the pavement or had an accident falling over stock in an aisle, these types of accidents can be very embarrassing and have the potential to cause some nasty injuries.

How Common Are Slips and Trips?

According to HSE (Health and Safety Executive), in the UK slips and trips are on average responsible for a third of all reported major injuries, as well as two fatalities per year. They also account for 50% of accidents in the workplace involving members of the public and are the most common cause overall of major injuries there.

Slips and trips can happen almost everywhere, whether it be while you’re at work, using public transport, or shopping in your local supermarket, the injuries you suffer could turn your life upside down. The usual causes of day-to-day slips, trips and falls are as follows:

• Wet floors
• Wet or icy pavements
• Uneven flooring or steps
• Cracked or uneven pavements and kerbs
• Unexpected obstacles
• Poor lighting

Who Is To Blame For My Accident?

These types of accidents often occur as a result of business owners, local councils or building landlords for example, not taking the correct measures to keep you and others safe whilst you’re on their property.

Local Councils

Your local council is responsible for maintaining the safety of public spaces, steps and walkways, as well as identifying causes for concern like broken, cracked or raised surfaces, damaged or missing railings and inadequate lighting.

This can be hard for them to monitor at all times, but you can help your local council out by reporting a hazard if you see one in your area so that it is able to be fixed.

If you have had an accident in public, it is important to gather as much evidence as you can before you report anything to the council. This includes taking photos of the scene and any injuries you obtained, measuring the pothole or any other defects that contributed to your accident (with a ruler if possible), and gathering any details from witnesses that were present at the time or from emergency service teams that had to attend the scene of your accident.

Upon contacting us here at IMS Law and providing us with this evidence as well, we will send a letter of claim to the appropriate council. They have three months to investigate matters following which they should provide their stance on liability.

Business Owners

Shops, supermarkets, pubs and restaurants all share the responsibility to keep you safe from accidents like slips and trips while you are on their premises. They should be making sure that things like wet floors are clearly marked, spillages are cleaned up correctly and as quickly as possible, aisles or walkways are clear of any obstacles, ensuring that they have adequate lighting and that their steps and ramps are safe for public use.

Building Landlords

As previously mentioned, slips and trips can happen almost everywhere, including in your own home. If you currently rent a property and have had an accident, the responsibility lies with your landlord. Whether your landlord is a private individual, a property company, the local council or a housing association, it is their duty to keep you safe as their tenant by making sure their properties are properly maintained.

Do I Have A Claim?

If you recently have had an accident and are unsure if you are able to make a claim, be sure to contact us here at IMS Law on 01744 612549 or email enq@imslaw.co.uk for a FREE initial consultation with one of our specialist advisors! The value of you claim will be based upon your circumstances, the level of the injuries you sustained and the length of time for which you suffered from these injuries, the extent of the treatment you required and the impact your injuries had on your everyday life.

We understand that taking the first steps can feel daunting, but we are here to guide you through the process, answer any of your questions and most importantly, help you get back on your feet after your accident.

Millie McDonagh

Millie is part of the marketing team at IMS Law. She’s here to demystify all of the jargon around the law and your rights, giving you the information you need in simple terms.

Life after an accident can be a stressful time. You may be asking yourself: “how will I pay for the damages?”, “what happens with my car?”, “do I need to see a doctor?”. You also may be thinking of making a claim. Finding and contacting a solicitor can be daunting enough without the endless myths and misconceptions you’ll find online upon doing some research.

At IMS Law are here to debunk these myths, demystify the law and any answer all of your questions in YOUR language, so that making a claim isn’t any harder than it needs to be.

Myth #1: Making a claim is too expensive!

Here at IMS Law, we offer a no win no fee guarantee as well as a FREE initial consultation with one of our friendly advisors. Acting on a No Win, No Fee basis means that there are no legal fees for you to pay if your case isn’t successful.

If your case is successful, the contribution you make is capped at 25% from the award you receive for the personal injury claim. We always ensure that this is explained to our clients at the beginning of every case and we only charge our fee at the completion of the claim.

Myth #2: The claims process will be too complex

At first, the thought of starting a claim might seem daunting and confusing. There are so many options and you just want to be sure you’re doing what’s best.

Our friendly team here at IMS Law will always be available from the first point of call, right the way through your claim should you have any questions about the process, or even just for a chat! If you are unsure of anything, be sure to call us on 01744 612549 and we will be happy to help.

If you are unsure of anything, be sure to call us on 01744 612549 and we will be happy to help.

Myth #3: Solicitors aren’t needed because of insurance companies

Dealing with your insurance company following an accident may seem easier than contacting a solicitor, but they don’t always have your best interests in mind. Unlike solicitors, insurance companies don’t always consider the extent of any injuries you have sustained, or any other special damages you have incurred. If you instruct your own insurers to deal with the claim there can be a policy excess to pay. In the majority of cases if you instruct your own insurer to deal with your claim, they may not deal with your personal injury claim directly but will instruct a firm of solicitors to deal with the matter on your behalf. It is always in your best interests to instruct your own law firm independent of any insurance company.

Following a non fault accident you may also be contacted by the fault party drivers insurance company and they may to try and settle the claim with you directly. This is called third party capture or third party assistance. Insurers are legally allowed to do this. However, it’s important to know that you don’t have to settle the claim in this way, and that the other person’s insurer won’t be acting in your best interests. If you do accept an offer direct with the third party insurers it might be lower than the compensation you would have got if you’d instructed your own solicitor.

Our expert solicitors here at IMS Law will fight for your best interests and make sure you receive the compensation you deserve.

Myth #4: People who claim who are just after free money

Living in the UK, you may have heard the term ‘claims culture’. This comes with the assumption that people who make a claim are just looking for a quick and easy way to make money, which can be damaging for those with genuine injuries and may make them feel guilty about making a claim.

The purpose of compensation is to help get you back on track and it can be extremely helpful for those suffering from not only financial, but physical and emotional difficulty following an accident. For example, it covers any medical bills, damages to your property, loss of earnings if you were left unable to go to work, etc.

At IMS Law we know how much an accident can be debilitating and distressing experience that has huge implications in many aspects of your life and we will always make sure that your claim is dealt with in an empathic and understanding manner.

Myth #5: We’ll share your details with other companies

Some claims companies use unethical marketing strategies, which unfortunately gives our industry a bad name. Unless we have your permission to do so, we will not under any circumstance share your details with any other companies or organisations

Myth #6: I’ll need to go to court

Most personal injury cases are settled outside of court and will only go to court if a settlement could not be agreed in the early stages of your claim, the other party is unresponsive or insurers respond and need the courts to intervene. If your case is taken to court you may need to attend and we will ensure that the possibility is discussed and agreed with you before we issue court proceedings on your case.

We hope this post has been helpful. If you have any further queries please do not hesitate to contact us on 01744 612549 or at enq@imslaw.co.uk and one of our advisors will be ready and happy to assist you.

Millie McDonagh

Millie is part of the marketing team at IMS Law. She’s here to demystify all of the jargon around the law and your rights, giving you the information you need in simple terms.