Published in Truckstop News February 2017.

In this issue Steven Hinchliffe of the professional drivers’ “go to” Personal Injury specialists Hinchliffes Solicitors considers “THE MOST COMMON TYPES OF Accident COMPENSATION CLAIMS”.

Having been involved in Personal Injury compensation claims for more years than I care to remember, it is easy to forget that most people are fortunate enough never to be injured in an accident and therefore know little of what redress may be available to them if this situation arises.

We all receive nuisance phone calls asking if we have had an accident and want to make a claim, and this practice has a tendency to put my area of work in a very poor light.  However, I hasten to add that these calls are not made by solicitors as it is illegal for us to do so.  Nevertheless, only a fraction of people who are injured in accidents and could make a genuine claim for compensation actually choose to proceed.

To succeed in a Personal Injury claim you must first establish that the accident was the fault of another party and that they are liable in law to compensate you.  If this cannot be proved there is no right to compensation, no matter how horrific the injuries are.  A further hurdle to overcome is that, if another party can be shown to be responsible they must have the financial means to pay the compensation awarded.  However, most people have insurance of some sort (whether for their car or home) and employers should have public liability insurance, and the majority of successful claims are paid out from an insurance policy rather than from the other party’s own resources.  There is also a need to prove that the injuries suffered were actually as a direct result of the accident.  The timing of a claim can also be an issue as there are strict time limits for starting Court proceedings, and failing to take this step in time usually means that the claim cannot proceed any further.  For claims made in the UK by people over 18, this time limit is 3 years from the date of the accident.

For what types of accidents can a claim be made?  By far the highest number of claims made (and succeeded with) are as a result of an accident on the road.  The two other main categories are in respect of accidents happening during the course of a job, and when tripping, slipping and falling.  However, there are dozens of accident types for which a claim can be made and some of the other common ones are listed below:-

• From faulty products
• From defective premises
• From animal attacks
• From hair and beauty treatments that have gone wrong
• Following fatal accidents
• While taking part in sport and leisure activities
• Accidents and illness while on holiday

With road accidents being the most common, the parties most often injured are the driver and any passengers, motorcyclists and their pillion passengers, and also cyclists.  However, many injuries are also caused to pedestrians being knocked down by vehicles or bicycles.  Very few cyclists have specific insurance to cover accidents caused by them, but if they own a house this type of claim will often fall within the cover provided by their household insurance.  Children and young people are owed a greater duty of care by road users, as their perception of danger is less than that of an adult.  This means that a child might succeed in a claim where an adult’s claim in similar circumstances might fail.

Employers have a duty of care towards their employees (and to a lesser extent to all other visitors to their premises) to ensure that the workplace meets minimum safety standards.  The causes of many work accidents involve defective equipment or premises, unguarded or faulty machinery, unsafe procedures when lifting or manually handling items, missing or inadequate safety or protective equipment, and the negligent acts of colleagues.

Slipping, tripping and falling accidents in a public place are often caused by potholes in pavements, roads and car parks.  Claims are usually made against the local Highway Authority responsible for maintenance, but sometimes enquiries reveal that the land is privately owned or that maintenance is dealt with by a management company.  Many people feel embarrassed when they fall and that it must be their own fault for not properly looking where they were going.  However, depending on the cause of the accident and failure to properly maintain the area, claims can and do succeed.

Anyone who has been hurt in an accident and wants to consider whether a compensation claim is possible should speak to specialist Personal Injury solicitors.  Most firms do not charge for an initial discussion so there is little to lose in making the enquiry.

All of my Truckstop News articles appear on my firm’s website at www.hinchliffes.co.uk in the “Latest News” blog link on the homepage.

You do not have to be a professional driver to seek our help – anyone hurt in an accident (eg members of your family or friends) can contact us for advice.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2017 Hinchliffes Solicitors

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a No Win No Fee and No Risk basis.

Call now on 01684 580900 to speak direct to one of our specialist claims lawyers or go to our Start Your Claim  page to submit details of your accident compensation claim online.

If you would like to know what your injury claim may be worth, please go to our Value Your Injury page.

Confused by the claims process?  Please look at our extensive FAQs.

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