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However, a seemingly minor accident might also
result in a substantial compensation claim if the injured party
is prevented from earning a living. This is why it can be misleading
to give a definitive opinion on each and every possible case without
having knowledge of the factors involved in the accident.
Bonnar and Company treats every case on
its merits and always seeks to obtain the maximum level of compensation
for clients. The types of claim
we handle embrace every aspect of life in and out of the workplace
and involve every type of injury, including fatalities.
NB:
If you think that you or a member of your family has a valid personal
injury claim please contact us now
for same day expert legal advice
direct from a qualified personal injury claims solicitor, who will
answer all your questions and recommend the best course of action.
The following list of accident types and resulting injuries should
be used as a guide only.
Types of accidents, typical scenarios and
injury claims considered:
 Road
Traffic Accidents
THE LAW: The
core legal principle which applies in RTAs is that every road user
has a duty of care to every other. If you can prove that you were
injured as a result of a third party’s negligence (e.g. another
driver, a local authority or a road maintenance company) you will
probably have the basis for a successful claim.
 Construction
Accidents
Health
& safety in the construction industry is governed by strict
regulations covering all aspects of site operations. The onus to
provide a safe place of work falls mainly but not exclusively on
employers.
However, many people who think they are
self-employed for tax purposes (i.e. CIS4) are actually considered
by the courts to be employed, which
means that they may be able to sue an employer or other contractor
for breaches of their health and safety rights.
Workplace Accidents
THE LAW: Regardless
of the nature of their enterprise, employers must ensure that workplaces
and working practices do not expose staff or visitors to unnecessary
risk of accident or injury.
Numerous UK laws and regulations, in addition
to EC directives designed to improve health and safety at work,
protect workers in this country from the risk of accident, injury
and industrial disease.
Slips, Trips or Falls
(in public places and at work)
THE LAW:
The Workplace Regulations 1992 impose stringent requirements on
employers to provide hazard free floors throughout their premises,
including all entrances and exits.
Responsibility for maintaining pavements and
streets normally rests with the local authority, which is required
to repair potholes and other tripping or falling hazards.
Most local authorities have a winter maintenance
road gritting and pavement clearance policy that prioritises treatment,
based on the prime need to keep major roads free of snow and ice.
Weather forecasts should be monitored and precautionary gritting
should be undertaken if conditions are likely to deteriorate.
TIME LIMITS FOR PERSONAL INJURY CLAIMS
Regardless of the nature of your personal injury
claim and the circumstances that caused your accident, we strongly
advise that you contact us without further delay -
today if possible - to discuss your best course of action
with a qualified personal injury claims solicitor.
There is a three year time limit for most injury
claims. What this means is that if you do not settle your claim
or raise a court action within three years of the date of your accident,
your claim is time barred and cannot be brought.
For some accidents e.g. air/sea accidents,
the time limit is two years. The same two year time limit applied
to Criminal Injuries Compensation applications.
In the case of an accident to a child, time does not begin to run
until the child is 16. So if a 10 year old child suffers an accident
on 1st January 2000, he will have three years from the date of his
16th birthday in which to raise a claim.
Problems can arise in industrial disease cases where there is a
"latency period", or gap between the exposure to the harmful
process (e.g. source of excessive noise) and the development of
noticeable symptoms. The claimant will have three years from the
date on which it was reasonably practicable for him to become aware
that he had suffered a significant injury attributable to his working
conditions.
If you think you may be suffering from a work related condition
e.g. noise induced hearing loss or vibration white finger, it is
critical that you take steps as soon as possible to pursue the matter.
You should also remember that whilst it is possible to bring claims
within the above periods, the strength of the claim is weakened
by any delay on your part, as memories fade and evidence on the
facts becomes harder to obtain.
The courts have powers to extend the three year period in cases
where they think it is fair or equitable to do so, but it is unwise
to rely on this provision. Similarly the Criminal Injuries Compensation
Authority has discretion to allow claims beyond the two year time
limit.
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How Much Is My
Claim Worth?
| Damages in Scotland
are awarded under the following headings: |
| 1. |
General
Damages or Solatium
This relates to the amount
the courts think is reasonable for the pain and suffering
of the accident victim. |
| 2. |
Property
Losses
If your property
is damaged in an accident e.g. your vehicle is written
off in a car accident, you can obtain compensation to
the value of the lost item. |
| 3. |
Past and Future
Wage Loss
This relates
to loss of earnings caused by the accident both for the
past and in the future. |
| 4. |
Services Costs
This relates to services provided
to you as a result of your accident. Awards may range
from modest amounts for help with domestic housekeeping,
to very large sums where there has been catastrophic injury
and constant nursing care may be required. |
General
Damages Awards
If you read a newspaper report of a big
award, you can be sure that the sum will be made up of past
and future wage loss for a serious injury which significantly
affects employment, or a catastrophic injury e.g. brain damage
where extensive nursing care will be required.
| Whilst every claim
is different, the following are outline examples of
general damages awards: |
| 1. |
Whiplash
injury involving absence from work, and full recovery
after around 3 months.
Around £1,000 - £1500. |
| 2. |
Fractured
elbow with complete recovery.
Around
£3,000. |
| 3. |
Deafness with tinnitus.
Around £6,000. |
| 4. |
Ruptured achilles tendon
with complete recovery.
Around £7,500. |
| 5. |
Loss of index finger in
dominant hand.
Up to £9,500. |
| 6. |
Moderately severe occupational
asthma.
Around £15,000. |
| 7. |
Loss of thumb in dominant
hand.
Up to £28,000. |
| 8. |
Loss of an eye.
Around £30,000. |
| 9. |
Loss of leg
amputated below knee.
Around
£55,000. |
This page
gives a general outline of quite a complicated area of law.
You should not rely on it either to reassure yourself that there
is plenty of time to claim, or to become convinced that your
claim is necessarily time barred. You should contact us for
free advice on the matter.
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