Personal Injury Litigation
FitzPatricks Solicitors - Business - Property - Family
Where claimants are successful, most costs are normally recoverable from the opponent.
There are three elements to a successful claim. The Claimant must show that the Defendant:-
- Owes the Claimant a duty of care
- Was in breach of that duty
- There was consequent damage
If these are shown, compensation should always be available.
Note: the claimant must give sufficient information to the defendant for investigations and enquiries to be carried out with a view to liability being accepted by the defendant. If liability not accepted or time limits approach and no settlement agreed, then proceedings will become necessary.
Proceedings must be issued within 3 years of the breach giving rise to the damage otherwise you will forfeit your right to claim, except in exceptional circumstances.
- Special damages are those that can be quantified, being losses and expenses incurred as a result of the incident
- General damages are those that cannot be quantified and include pain, suffering and loss of amenity together with future expected losses and expenses. These will include loss of pay, proper travelling expenses, repairs and replacements.
Judicial Studies Board guidelines offer general guidance on pain, suffering and loss of amenity, though there may be some discounts if the Claimant has contributed to his/her own misfortunes, and examples are given below:
- Paralysis -£110,000-£200,000
- Severe brain damage - £110,000-£200,000
- Severe psychiatric damage - £27,500-£57,500
- Post traumatic stress disorder - up to £50,000
- Injuries affecting senses from £3750 - £200,000
- Traumatic internal injuries - up to £105,000
- Moderate internal injuries - up to £40,000
- Orthopaedic injuries - up to £150,000
- Moderate neck injuries - £3750-£12,500
- Minor whiplash injuries - up to £3,750
- Facial injuries - up to £48,000
Compensation awards will be affected by various factors including the extent to which loss is the claimant's own fault, the opportunity of the claimant reducing potential loss and the extent to which legal costs eat into any award made. It is always important to establish a medical prognosis for any injury. If this cannot be determined until the Claimant is recovering and stable, it is unwise to settle any claim quickly. Settlement should await the medical report which correctly establishes the prognosis. If the prognosis is likely to be further delayed it may be possible to arrange a part payment of compensation.
Practical steps:
- Define objective
- Assemble evidence
- Consider relevant law
- Advise cost implications
- Evaluate risks
- Determine action plan for:
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- you
- us
Note: Partly because most costs are, in the event of a successful claim, recovered from the opponents and partly because personal contact provides better results, it is seldom advisable to use widely advertised compensation recovery services. Given commercial pressures, these can settle the claim quickly - after all, someone has to pay for their advertising. Why should it be you?