Road traffic accident compensation

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    Enable Law’s specialist road accident solicitors help people involved in serious injury collisions that were not their fault to move forward with their lives.

    We specialise in dealing with car and motorbike crashes involving fatalities and serious and life changing injuries and are passionate about getting the best outcome for you.

    To achieve that, we have built an extensive network of healthcare and rehabilitation professionals who advise on the transformative treatment and equipment that will support your needs. We then fight for the compensation that will let you access it.

    A serious road traffic accident can totally transform your life, but our aim is always to help you and your family access the support you need to have the most full, pain free and rounded future possible.

    Road traffic compensation for passengers and pedestrians

    If you, a loved one or your child has been harmed by a road traffic incident and someone else was wholly or partially to blame, you may be entitled to compensation.

    Sometimes it is difficult to know if someone else was to blame, such as if you or a child are hit by a car when crossing a road.

    Even if you are unsure about whose fault an accident was, we strongly advise you to speak to a specialist solicitor. Compensation can often be claimed even if partial responsibility for an accident is with the injured party.

    Money cannot fix the damage done, but compensation does often open up possibilities for improved access to treatment, equipment, home adaptations and can alleviate loss of income that road collisions can lead to.

    It isn’t just other motorists who can claim compensation when harm is caused in a road crash. Passengers, pedestrians and cyclists are eligible to claim compensation if they’re hurt by the actions of a driver, motorcyclist, cyclist or even an animal.

    We offer free, informal, no obligation initial advice on whether you may have a compensation claim. Do please contact us.

    We support with:

    • car crash claims
    • passenger injury claims
    • pedestrian injury claims
    • motorcycle claims
    • driver compensation claims
    • horse rider injury claims
    • commercial vehicle injury claims
    • medical negligence claims following road traffic accident injury
    • mental capacity law and court of protection proceedings when someone is left unable to make their own decisions.

    Our rounded team of personal injury, medical negligence and mental capacity specialists have experience in helping clients with the injuries suffered in road crashes.

    Having a specialist solicitor on board means you will not miss out on the latest support available for complex injuries such as a spinal, amputation, internal or brain injury.

    We not only have experience at supporting you but also your family too – and our top-rated mental capacity team can deal with issues relating to deputyship where someone is temporarily or permanently unable to make their own decisions.

    Making a claim against an uninsured or hit-and-run driver

    It is often possible for us to support successful road traffic incident compensation claims, even when the motorist responsible for injuries was not insured or has not been traced.

    We are able to help injured parties to access the MIB (Motorist Insurers’ Bureau) compensation scheme.

    It is possible to claim from the scheme directly, but a specialist solicitor is often able to secure a higher settlement as they’ll have an awareness gained through experience of the long- term needs an injured party may develop.

    Every factor of current and long term need should be considered when making a compensation claim in order to seek a settlement that covers, as far as possible, all the costs an injured person may incur as a result of their injury.

    Car passenger Rebecca was described as the ‘miracle one’ when she survived a 100 mph crash that saw the vehicle she was travelling in split in two.

    Car passenger Rebecca was described as the ‘miracle one’ when she survived a 100 mph crash that saw the vehicle she was travelling in split in two.

    Rebecca was paralysed in the crash. She came to Enable Law after initially instructing another firm which lacked the specialist spinal injury knowledge to support her properly and understand her needs.

    Our solicitors were able to achieve a settlement that has secured Rebecca a financially comfortable future. She was able to benefit from a fully adapted home and, with the support of her Enable Law case worker and the network of professionals established for her, she has also been able to ride horses again.

    More than £100,000 compensation following road death

    Sadly, compensation awards are usually small in road death cases where the person who dies is elderly or has little income.

    Enable Law was able to secure more than £100,000 damages in a case where a drink driver on the wrong side of the road collided head-on with an elderly couple’s car and killed the lady passenger.

    The woman’s husband, Colin*, suffered minor injuries in the crash. Whilst no amount of money relieves the pain of losing a loved one, a settlement that brings some financial security to family members left behind is sometimes a small comfort.

    * Name changed

    Legal support at road crash inquests

    Our team of expert road traffic accident solicitors can support you at an inquest if someone you loved has been killed in a crash.

    We help families to navigate the inquest process and find the answers they need to move forwards.

    Frequently asked questions - road traffic accident claims

    How much compensation will I get for a road traffic injury?

    The amount of compensation paid will depend on the specific outcome of a road crash and the impact on the individuals involved.

    Where a fatality has occurred the compensation will be worked out slightly differently. See our fatal injury page for further information.

    Injury compensation is calculated based on the specific injuries suffered, how severe they are and the impact they have on a person.

    There are two strands to compensation: general damages and special damages.

    Special damages payments

    Special damages may account for the larger percentage of the claim.

    Your solicitor will build your claim for special damages based on the specific losses and costs you have and will incur as a result of your injury. This section of the claim may account for:

    • incurred and future loss of earnings
    • home adaptations
    • specialist equipment to allow you to live day-to-day and be as independent as possible
    • specialist equipment and support to allow you to take part in hobbies
    • costs incurred and future costs, such as payments associated with treatment.

    General damages payments

    General damages, which are paid in addition to special damages awards, are more unified.

    They are intended to compensate for loss and suffering and there are set guideline amounts depending on your injury.

    Guideline general damage payments for brain injuries, for example, may be between £2,070 and £379,100, depending on the severity and long term impact.

    For traumatic spinal injuries, general damages amounts may fall in a range up to £379,100.

    There are also specific general damages guideline amounts for, for example, the amputation of limbs and digits or loss of use of an organ (such as kidney or bowel) and other internal injuries and loss of sight or senses.

    It’s important to remember that general damage payments form only one part of a compensation claim.

    How long does road traffic compensation take?

    Securing a settlement for any serious injury, including that suffered in a car, motorcycle, cycling or road-based horse riding incident, is often a long process.

    It can take years to secure a final settlement, but we may be able to quickly secure interim payments to help with costs and losses while the claim is settled in full.

    It’s important not to rush to a final settlement because every aspect of the injury needs to be understood and its long term implications assessed in order to ensure the claim accounts for the full costs and losses involved, now and in the future.

    Will I need to give evidence in court to get road crash compensation?

    Whilst it may be possible that you would be called upon to give evidence if the person responsible for your injuries is charged with a criminal offence, it is much less likely that you would need to give evidence in court in your compensation claim.

    Solicitors seek to agree compensation claims via negotiations and the sharing of expert evidence outside of court wherever possible.

    A good solicitor will reduce the worry and strain by keeping you fully informed of how your compensation claim is progressing.

    How long do I have to bring a claim, what are the time limits?

    With all clinical negligence claims there is a three year period (known as the limitation period) within which you have to commence Court proceedings by issuing a Claim Form at court.   This period begins from the date of the negligence or the date you were first aware of the negligence.  For example, if you underwent a substandard operation on 12 March 2015 (and knew or should reasonably have known it was substandard at that time), Court proceedings would need to be commenced by 11 March 2018 to prevent your claim being statute barred (out of time).   However, if you were not aware that the operation was performed in a substandard way until 15 April 2016 when (for example) further medical investigations revealed this to be the case, Court proceedings would need to be commenced by 14 April 2019.

    There are exceptions to these rules.  If you are under 18, then the three year period does not start until your 18th birthday (you will therefore have until your 21st birthday to start Court proceedings).  If you do not have capacity (this will require a medical assessment) then the three year period does not apply.  The Court also has a discretion to waive the limitation period in limited circumstances (for example, if you have a psychiatric injury which has prevented you from bringing a claim at an earlier time).

    If you have concerns about the treatment you have received, it is preferable to seek advice at the earliest opportunity.  If you have any questions about whether you can bring a claim, please speak to a member of our team.

    Charities we work with - Roadpeace

    RoadPeace is the national charity for road crash victims and has been helping families cope with the aftermath of road death and injury since 1992.

    Its work includes:

    • Providing emotional support for road crash victims including a national helpline, befriender network, local support groups, resilience building programme and remembrance activities
    • Producing information guides on post-crash investigation and legal procedures
    • Undertaking casework for bereaved families and the seriously injured
    • Policy and campaigning work for better justice and safer streets for all, informed by the experiences of victims

    Set up in 1992 by a mother whose son was killed by a red light offender, RoadPeace is a membership organisation whose work is informed by the needs and experiences of road crash victims. Membership is open to all, but people affected by road death and injury are particularly encouraged to join and support its calls for justice and safer streets.

    For more information about RoadPeace visit www.roadpeace.org