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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.
Types of compensation?
- 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.
Note:
Special Damages and General Damages are treated separately and
most claims for compensation contain elements of both.
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:
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?
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