Accident & Injury Claims
Have You Had An Accident?
We can lessen the pain of bringing a claim!
Lawson Lewis Blakers are able to assist in claims arising from accidents, whether they be road accidents, “trips and slips”, whether at home or in the work place.
In order to establish a successful claim for compensation you must generally satisfy a number of criteria:-
- That the accident occurred within what is known as “the limitation period”. This is usually three years – but there are a number of important exceptions, for example accidents on aeroplanes are governed by a shorter time limit and in certain instances a longer time limit may apply for example where the victim of the accident was a child. Prompt legal advice is recommended.
- That the person who caused the accident owed a legal duty to avoid causing an injury to you. The law imposes obligations in many circumstances – the driver of a motor car to a pedestrian, an employer to an employee, a doctor to a patient and so on.
- It is necessary to establish that a breach of duty occurred. For example, was the driver of a car going too fast or did he fail to steer and brake to avoid an accident? It must be shown that the wrongful act was the direct cause of the accident. For example if may be straight forward to show that a speeding motorist was responsible for injuring a pedestrian – but not so simple to show a doctor who makes a misjudgement has caused injury to an already sick patient. Each case is looked at on its own facts.
- It is necessary to establish loss. This may be achieved in a number of ways:-
- Compensation for the injury itself. This is intended to try and provide some redress for pain suffered and “loss of amenity” for example inability to undertake normal daily activities during the period of recovery. The level of compensation is determined by “case law”. In other words what has previously been awarded in other similar cases. These are called "general" damages.
- Compensation for out of pocket expenses – loss of earnings, lost or damaged property, medical expenses, loss of use of a motor car – in a road accident for example. These are called "special" damages.
Lawson Lewis Blakers are well equipped to advise you in this complex area of law.
We are able to provide an initial assessment of your claim and “no win – no fee” arrangements may be possible. Conclusion of these claims may take some time – often because a case cannot be settled until your medical condition has entirely stabilised – and we are experienced in claims to insurers for interim payments.