Road Traffic Accident Claims

Our team led by James Bell has a proven track record in acting for people who have suffered serious injuries in road traffic accidents including brain and spinal cord injuries. Life can be changed dramatically for people in an instant with these types of accidents. We understand the trauma involved and the need to get the best care and rehabilitation in place to help injured people and their families to move forwards.
 

Investigation of this type of claim often involves working with the police, accident reconstruction specialists and medical experts to understand how the accident occurred and the effects on the injured person.

We are able to deal robustly with issues that may arise regarding motor insurance (including uninsured drivers) and allegations that the injured person contributed to their own injury.  This is referred to as 'contributory negligence' and, for example, may include not wearing a seatbelt. We take a highly proactive approach to all of our cases as well as ensuring we provide clients with both a high level of support and clear, understandable advice.

We will seek an ‘interim ‘payment from the relevant insurer as soon as we can to help with treatment, equipment and rehabilitation costs. You can find out more about getting early payments for accident victims by reading James’ article, previously published in the Neuro-Rehab Times.

Road Traffic Accident Compensation

We look to access the best possible technologies and equipment for our clients through their claim.

RTA compensation may include sums for care, aids and equipment and treatment along with sums to adapt or purchase suitable accommodation and sums to recompense for financial losses such as lost earnings.

Expert road traffic accident lawyers

Every case is investigated by our specialist lawyers, led by a partner.  This typically involves working with leading experts to understand the injury involved.  We consider how it was caused and its impact on the injured person’s life.

Panel solicitors appointed under legal expenses cover with motor insurance policies are not necessarily specialists in serious RTA injury claims and if you have concerns about the legal advice or service you are receiving then we may be able to take over conduct of your claim. 

We will also provide specialist advice as to how best to structure any award of damages - whether in addition to a lump sum, a periodical payment award (PPO) should be considered to provide an annual amount for life.

We have a long established Court of Protection Team which can assist with advice, including how to protect an award of damages, and any matters requiring Court of Protection input, such as the need for a Deputy, where a claimant cannot manage their own affairs.

FREQUENTLY ASKED QUESTIONS

Are there time limits for bringing a road traffic accident claim?

There are strict time limits for bringing a personal injury claim in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the accident or negligence occurred, or the date on which the injured person became aware that there might be grounds to bring a claim (if that date is later).

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact our solicitors as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

What is the process for bringing a claim?

We start by obtaining evidence prove that the accident was caused by negligence.  If the cause of the accident is not clear, we may instruct an accident reconstruction expert to analyse the evidence and visit the accident scene or workplace.

We also calculate the amount of compensation that can be claimed.  We often instruct experienced experts (for example in rehabilitative care) to maximise your level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for your injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Will my case be decided by the Court?

Probably not. The vast majority of personal injury claims are not decided by the Court.

Successful claims are usually resolved by settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

How is the amount of compensation decided?

Compensation should be tailored to meet the needs of the injured person.

The first step is to consider how the injury has affected your life and whether that will change in the future.   We then calculate the amount of funds required to meet your additional needs and compensate you.  Depending upon the circumstances, this may include funds for:

• Private care
• Private therapies and medical treatment
• Prosthetics
• Specialist equipment and vehicles
• Adapted accommodation
• Support with education or work (if that is possible for you)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

 

I am struggling with the effects of my injury. Will it take a long time before my case is concluded?

Personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to make payment of part of the compensation immediately.  This allows the injured person’s needs to begin to be met while the work to quantify the full amount of compensation continues.

 

Do you offer 'no win, no fee' agreements?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence and personal injury claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.