Serious Injury Claims Process
If you or a loved one have suffered a serious injury then life is unlikely to be the same ever again. The injury will have an immediate, dramatic and wide ranging effect upon you and your family’s life.
In these circumstances it is crucial that you receive specialist advice from an experienced personal injury practitioner. This means you are not only able to secure the right amount of compensation, but it also ensures you are able to receive the right help, care and support that will make such a difference to your recovery and the rebuilding of your life.
Following a serious injury it is often necessary to arrange and organise a care plan or it may be that special equipment or appliances are needed and possibly adaptations to your home. There is also the question of rehabilitation or retraining. Sadly in some instances the injuries sustained will be so serious that there will be no prospect of a return to work. If this is the position then any award of compensation must take into account the future, as well as the past loss of earnings, the loss of any work related benefits together with any loss of pension.
Choosing Your Solicitor
We cannot underestimate the importance of choosing the right solicitor to deal with your serious injury claim. If you are not comfortable with your solicitor and do not have complete confidence in their ability to pursue your claim, as well as having genuine empathy for your predicament, then the relationship simply won’t work. You must feel your solicitor is committed to you, will represent your interests tirelessly and is dedicated to supporting you every step of the way.
When dealing with serious injuries it is absolutely essential to meet up to discuss all aspects of the claim. It is important that a meeting takes place as soon as possible so an initial and thorough assessment can be carried out including the following:
- The full nature and extent of your injuries so that consideration can be given to:
- Which type of medical experts are required to provide the early medical assessments;
- Whether any immediate specialist medical treatment, is necessary. (I can arrange this for you on a private basis if the required treatment is not immediately available from the NHS);
- What rehabilitative care and support you need – for instance it may be that there is a pressing need for disability aids, or domestic assistance or respite care for family members. I have access to a wide range of private treatment and medical expertise that can be offered to you for free.
- Full information in relation to the circumstances of the accident, with details of witnesses so that the strength of the claim can be assessed.
- Whether an interim payment is needed to ease any financial worries and if so the amount that is required. It may also be necessary to consider the prospects of succeeding with a formal application to the court in the event the defendant does not agree to a voluntary interim payment.
- An assessment in relation to the state benefits you are receiving and whether there are any additional benefits to which you are entitled.
How is the Compensation Calculated?
There are a large number of parts to your claim. We set out below the main categories of compensation but these are by no means exhaustive – each case needs to be considered individually:
- General Damages – to compensate for pain, suffering and loss of amenity.
- Loss of Earnings – both past, future and, as appropriate, loss of pension.
- Loss of congenial employment – relevant if your accident results in the loss of your career that you derived satisfaction and enjoyment from.
- Cost of care – both past and future provided by family members or professional carers as appropriate.
- Rehabilitation costs – including medical treatment (past and anticipated).
- House adaptations/ rehousing costs.
- Disability aids.
- Cost of case manager who often acts as a first point of contact for the client and the client’s family.
Personal Case Plan
Following the initial meeting it will be necessary to gather together all the information and then prepare a detailed case plan for you. This will set out the action that needs to take place and the likely timescales involved. The case plan will be constantly updated for you and in this way you will always know what I am doing on your behalf as well as what is going to happen next.
We would welcome a call from you so we can help you with your serious injury claim and guide you through the process.
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