Personal Injury Law Blogs

What is Covered in a Personal Injury Lawsuit?

A personal injury lawsuit involves physical, mental or financial injury that arises because of the negligence or malevolence of another person. Common types of personal injury include auto accidents, medical malpractice, breach of contract and slip and fall accidents. When you suffer a personal injury, you may be able to file a lawsuit to attempt to receive compensation for your injuries. This compensation is referred to as damages.

Damages in a personal injury lawsuit can take many forms. Generally, they can be broken down into actual damages, speculative damages and general damages. The amount of money awarded for each type of damage will vary depending on the particular details of your case.

Actual Damages

Actual damages are the most obvious, and easy to determine. This includes costs accrued by the victim, loss or damage to property and lost wages. Costs to the victim include the costs associated with any medical bills accrued to treat the injury sustained in the accident. These costs are easy to calculate because there is ample proof of the exact sums involved. Loss of property is similarly simple to calculate. The value of the objects or property lost is awarded to you. Things like the cost of repairing or replacing a motor vehicle damaged in an auto accident fall under this category. The value can be determined by the insurance company of the defendant or by an outside expert hired to testify in the case. Actual damages also include the costs associated with missed work up to the time of the trial or settlement. This is calculated by determining how many days of work you were required to miss and how much money you would have made on those days.

Speculative Damages

Speculative damages include future medical bills and future missed work, depending on your injuries. If it is clear that you will require continued treatment for your injury and will continue to miss work because of it, you may be awarded compensation to make up for these future financial losses. These amounts are calculated in the same ways that the previous and current medical bills and lost wages damages are calculated, only projected out into the future for however long doctors agree you will continue to need care. Factors particular to your case, such as the amount of money you make and your age, will affect the amount of money you may be awarded for speculative damages.

General Damages

In addition to these concrete damages, subjective damages may also be awarded. These are often referred to as general damages. This includes things like pain, suffering and loss of amenity. Because these types of loss are difficult to quantify, the amounts awarded for them will vary greatly on a case-by-case basis.

Pain involves actual physical pain you suffered because of your injuries. It also includes mental pain and distress. If you were required to seek mental help after your injury, or if you began to suffer mental distress, such as Post Traumatic Stress Disorder (PTSD), after the event, you may also be eligible for damages because of pain.

Non-tangible losses also fall into the category of general damages. This includes loss of companionship or consortium, loss of reputation and loss of enjoyment of life. The things that can cause one person to experience a loss of enjoyment of life may not affect another in the same way, so this type of damage is, again, highly dependent on the victim’s particular situation.

About the author

This article was written by Ty Whitworth for the team at disabilitydenials.com

How to Recover RTA Compensation Even with an Uninsured or Untraced Driver

Road Traffic AccidentThere are some events in our lives that occur through no fault of our own – we are walking or driving along, minding our own business, then, like a flash, we become involved in a car or pedestrian accident. There is no question that vehicular and road traffic accidents are more common than we think. Everybody we know has been involved in a traffic accident at some point: it could be a minor bump or graze to a vehicle (and some shattered nerves), or it could be a serious accident resulting in multiple injuries that may affect us for life.

In times like these, it is crucial to know our rights and what procedures we need to do in order to recover compensation for damages. Sadly, most of us are at a loss as to how to pursue a claim. The claims process in the UK is admittedly complicated, and this is why it is important to have a working knowledge of traffic laws and recovery of compensation.

Important points to remember when claiming RTA (Road Traffic Accident) compensation

There are different procedures for different road traffic accidents. If you have been involved in an accident and you were a victim in all respects, you are classified by a vehicle insurance company as a third party – and you are therefore liable for third party insurance.

But it is different for those who caused an accident entirely through their own fault. Some countries in Europe may have vehicle insurers who will pay for injuries, whether you are at fault or not. But in the UK, if an accident is entirely your fault, you may only get compensation for damage to your vehicle, and not for any physical injuries you may have sustained.

What you need to do in case you have become a victim of an RTA (road traffic accident) is pursue your claim against the driver of the vehicle, and not his or her insurance company. This responsibility rests on the driver – they will have to pass on your claim to their own insurance company themselves

The Motor Insurers Bureau: providing help in case of uninsured or untraced drivers

The good news when it comes to UK road traffic accident laws is this: even if the driver at fault is not insured or cannot be found, you can still pursue a claim. This typically applies to uninsured drivers who are driving a vehicle without a valid policy of motor insurance, a driver who gave you the wrong contact details (this is another reason why it is important for you to take the vehicle registration, make, and model, so a driver can still be traced even if they give you the wrong contact info), or a driver who did not stop after a traffic accident, also referred to as a hit and run driver. When pursuing a claim for the above, you can go to the Motor Insurers Bureau who will, after investigation, be able to pay your compensation.

If you have been involved in an accident, it is important to keep a record of the driver’s vehicle or, with hit and run drivers, contact the police immediately so they can do a trace for you.

Tina is a freelance writer who has a keen interest in UK law and claim procedures. Tom regularly writes for legal advice blogs on topics such as how to benefit from road traffic accident compensation claims.

Image credits: http://commons.wikimedia.org/wiki/File:Van_accident.jpg

How the Jones Act Protects Maritime Employees

The Jones Act (46 U.S.C. § 30104) is a United States federal law that was passed in 1920 to govern lawsuits related to personal injury and wrongful death claims against maritime employers. The legislation grants crew members and officers of a maritime vessel the right to sue an employer for negligence resulting in wrongful death or personal injury. In order to recover damages, a plaintiff must meet the requirements for a lawsuit under the Jones Act, and the injury must have occurred on a navigable vessel.

Available Remedies Under the Jones Act May Include:

1. Past and future medical costs

2. Lost wages

3. Pain and suffering

4. Found (the value of lost room and board)

5. Prejudgment interest

What Qualifies a Vessel or a Seaman Protected by the Jones Act?

In 2005, the United States Supreme Court provided a definition of a vessel related to lawsuits under the Jones Act. In Steward v. Dutra Construction Company, the Court described a vessel as any watercraft or artificial contrivance capable of being used for aquatic transportation. The negligence must have occurred on a qualified maritime vessel, and the plaintiff must have been serving in the capacity of a seaman when the injury was sustained.

The nature of a qualified vessel and the definition of a seaman have been routinely interpreted by the courts on a case by case basis. According to our team of Jones Act lawyers, “Whether you are a maritime worker on a boat operating on inland rivers or lakes, a crew member of an open-sea vessel or an oil platform worker, you may be covered by the Jones Act and maritime injury laws.” An attorney who specializes in Jones Act cases will be able to determine how you can benefit from this law.

Generally, a seaman is an employee who participates in the essential mission of a maritime vessel. Dock workers and longshoremen, for example, are not generally regarded as seaman under the Jones Act since they do not engage in the primary work of a maritime vessel. Often times, a court will evaluate the amount of time an employee spends aboard a ship to determine whether an injured party participated in the mission of the vessel and is eligible to sue under the provisions of the Jones Act. Injured workers deemed unqualified to seek a remedy within the scope of the Jones Act may be able to seek recovery under the provisions of other state and federal laws.

Negligence Under the Jones Act

The Jones Act is one of many laws that protects maritime employees from dangerous conditions that result in personal injury or wrongful death. Employees serving on nautical craft conducting operations on rivers and oceans may be eligible to seek damages resulting from negligence. Injury due to inadequate rest periods, failure to maintain a suitable work force and the unseaworthiness of a vessel are examples of negligence on the part of a maritime employer. Though a damaged vessel may qualify as unseaworthy, a plaintiff must demonstrate that the damage played a substantial part in an injury claim.

The federal Jones Act provides legal remedies for seamen who sustain injury resulting from the negligence of an operator or employee of a maritime vessel. The act entitles the injured seaman or the survivor of a seaman to seek a jury trial in the federal court system. Negligence is defined as being unreasonably careless in the conduct of operations aboard an eligible maritime vessel. If you or a family member has been affected by a maritime injury, you may want to explore your options for compensation under this law.

Karla M. Somers is a freelance writer and legal researcher who contributes articles on behalf of the experienced Jones Act lawyers of Doyle Raizner. This team of trial lawyers specializes in maritime law, insurance law, personal injury claims, workplace injury, international injuries, and military contractor claims.

How to Find the Best Personal Injury Attorney?

Have you experienced a major injury lately due to the recklessness of someone else? You must file a lawsuit! There is no point suffering alone from a financial loss and damage along with a physical injury when you are not at all responsible for your condition. All you need to do is to choose a good personal injury lawyer. Injury lawyer can fetch you sufficient compensation to recover from financial damages and the cost of medical treatment. Without a well experienced and qualified attorney, your chances of getting a fair compensation are really less. That is why it is important to select a right personal injury attorney to represent you.

Here are few steps/ tips to find the best injury lawyer:

Where to find the injury attorney?

The best selection of a personal injury lawyer would be the one geographically close to you. It can be costly as well as a waste of time to drive for hours to reach your attorney for small consultations.  An injury attorney located in your area will be aware of the vicinity as well as the regional laws. You can use local directories or internet services to locate a lawyer around you.

What kind of cases the attorney has worked on?

It is worth to choose a personal injury lawyer that specializes or have enough experience in the personal injury field in which your claim falls. You can ask the lawyer about his previous cases and settlements to know more about it. It is also essential to cross check the success rate of those cases so far. A general injury attorney might not be capable enough to handle all sorts of injury cases.

Whom to ask?

The best is to start with your family and friends. Ask them if they can recommend a good personal injury attorney based on their past experience. Nothing could be better than a referral as this is the best way to understand the actual personality of the lawyer and his communication style. Ask as much as you can about the recommended lawyer like how comfortable he or she was in answering queries and how fast he or she was while returning the phone calls, etc. You can also ask your present lawyer about any recommendation if you have any divorce or probate attorney in contact.

Can lawyer referral service or directory of your state bar members help?

Yes, you can consult a lawyer referral service. The American Bar Association gives links to region lawyer referral services and state, national and bar associations. You can employ these links or phone book listings under “lawyer referral service”.  Any lawyer that emerges on more than one service is most likely a well-established practitioner. Shortlist two to four lawyers for appointment and interview.

How much you are willing to spend?

It is vital to understand your budget and decide how much you are willing to spend for the services, before you select your attorney.  The cost depends on individual lawyer and practice. Ask about the free consultation and contingency fee. But it is crucial to do a thorough research on the pros and cons of hiring that lawyer, before consulting him or her.

Where to Go for Professional Legal Help After an Accident

It’s sad that so many people either don’t know that they are entitled to claim compensation for injuries sustained by the negligence of others or think that claiming is only for the greedy. Seeking advice is your legal right and finding the right lawyers to help you can make all the difference.

The rise of health and safety laws and the increase in road safety have gone some way towards preventing serious accidents in the workplace and on the road. Nevertheless, no amount of law or safety procedures can prevent all accidents; where people are involved, carelessness or negligence can easily occur.

A duty of care:

A duty of care exists between people, companies and organisations in a variety of circumstances. A doctor or care provider owes this duty to his patients, for example. A driver owes a similar duty of care to other road users and an employer owes a duty to his employees. If that duty of care has been breached and someone suffers an injury as a result, the injured party is legally entitled to seek justice, often in the form of compensation. Personal injury lawyers are those who specialise in helping injured parties obtain that justice.

A good personal injury lawyer will often have a wealth of experience in one particular area of injury law, so if you have suffered an injury in the workplace, for example, you could deal with someone who has extensive knowledge of all the laws that apply in such a situation. This means that the lawyer will be more able to assist you in any claim that you decide to make, as he will have successfully dealt with similar claims beforehand.

Why you should claim:

The outdated view of personal injury solicitors does not do them justice. Dubious characters who see claims everywhere they look have no part in a modern, professional law firm that seeks to provide clients with a voice and which works hard to ensure that justice is served. It is this notion of justice that drives most lawyers who specialise in personal injury law. Claiming does not only benefit the injured party, but can provide a means by which the roads, workplaces and hospitals can be made safer for everyone; in fact, the law on negligence extends to all areas of society, so pursuing legal claims can improve safety for everyone.

A doctor, for example, who has negligently caused injury to his patient may be found legally responsible. This might result in new procedures being implemented in the hospital, thus preventing a similar incident from happening again. Similarly, a council that has failed in its duty to maintain roads or pathways to the correct standard (assuming road workers had not implemented a ‘reasonable system of inspections’) could be sued by someone who is injured as a result. It is unlikely that that council would make the same mistake twice and other councils would also learn from the mistake.

Of course, it is not just for the good of society as a whole that a claim should be made. Often the injured party has suffered a financial detriment as well as the injury. Compensation seeks to right this wrong by providing a means by which the injured party can live his life as well as he did prior to the accident.

AUTHOR BIO:
Maria John is a writer who specialises in the area of personal injury law. As a law graduate, Maria understands the important work that personal injury lawyers do in the community.

The Great (Dry) Wall of China: International Product Liability?

When you purchase a home or business structure, you expect it to meet certain quality and safety design standards, including those related to health. Unfortunately, many people across the United States have recently been finding out the hard way that not all contractors and builders are playing by the same rules. In fact, recent lawsuits have shed light on a very difficult and potentially hazardous health concern within the construction design industry – Chinese-made drywall.

What’s the Problem?

As of right now, the exact potential for health hazards related to Chinese-made drywall is still being investigated. Many people who have experienced the effects of Chinese drywall in their homes and businesses have reported foul odors arising from the drywall itself, and this has led to people moving out of buildings for fear of health issues.

The Big Risk

While the issue is still being investigated, some experts, such as New York University environmental studies professor Morton Lippmann, have claimed that the odors being experienced by home and business owners essentially amount to sulfur smells coming from Chinese-made drywall, and these odors are known to exacerbate symptoms in those suffering from pre-existing sinus problems. It should also be noted, however, that other researchers have suggested that those individuals who are pre-disposed to respiratory problems may have a harder time dealing with the gases being given off by the Chinese-made drywall.

How Real is the Problem?

Nachman Brautbar, who is a toxicologist at the University of Southern California School of Medicine, believes that the potential for danger does still exist, despite conclusive scientific evidence to prove that Chinese-made drywall is causing health problems. In his opinion, the gases being given off by these drywall products certainly deserves more scientific study and speculation before any further steps should be taken. The Chinese manufacturing industry, on the other hand, believes that the vast majority of media cases involving the country’s drywall products are being spurred on by fear and sensationalism.

Has Product Flaw Affected You?

If you currently are experiencing strange, sulfur-like odors emanating from your drywall, or if you feel that you are experiencing health problems as a result of the construction materials within your home or business, you may need to seek out the services of your primary care physician in order to determine whether damage has actually occurred. Additionally, according to our Albany personal injury attorney, you may want to get legal advice to see if you are due compensation for any injuries or the potential for injuries you might have sustained as a result of poorly designed construction materials.

As mentioned, the case against Chinese-made drywall is still an ongoing issue, and one that has become a major legal topic in the last decade. In fact, after Hurricane Katrina hit the New Orleans area, many people were displaced and offered new housing that used Chinese drywall, and as a result, those who have suffered under the wrath of Mother Nature are now potentially suffering continued health risks. If you’re unsure as to the safety of your home or business, don’t risk potential health effects. Contact a personal injury lawyer today to discuss your options and ensure your future. Even if scientific studies are yet to be conclusive, you may still have a case, meaning you may still be due compensation for the potential injury inflicted upon you and your family.

Ann Bailey is a former journalist who posts this report on badly designed construction component dry-wall to alert consumers and designers alike.  Consumers who may be affected can seek advice from the office of Bottar Leone, an Albany personal injury attorney who specializes in product design flaw liability and consumer protection and remuneration.

Workers Compensation: Know Your Rights

An alarming number of United States workers are injured or killed on the job.  Workplace safety is a serious concern, and one that too many employers take lightly.  Hard working people are placed in harms way by carelessness and disregard for human life.

The statistics are staggering.  Every day in the United States workers are injured and 13 people are killed on the job; most of the injured workers hire a workers compensation attorney for guidance. Hard working people and their families suffer when employers disregard the laws and regulations put in place for worker safety.  While many people think of workplace deaths as a problem mostly found in developing countries – the statistics speak otherwise. According to the United States Department of Labor, in 2010 4,690 workers were killed on the job.  That is 4,690 families that will never again see their loved one due to a workplace accident that will forever change their lives.

“Every day in America, 13 people go to work and never come home. Every year in America, nearly 4 million people suffer a workplace injury from which some may never recover. These are preventable tragedies that disable our workers, devastate our families, and damage our economy. American workers are not looking for a handout or a free lunch. They are looking for a good day’s pay for a hard day’s work. They just want to go to work, provide for their families, and get home in one piece.”

– Secretary of Labor Hilda Solis, Workers Memorial Day speech April 26, 2012

Laws have been passed to increase workplace safety.  These laws and regulations are aimed at decreasing the number of workplace accidents, injuries and death.  Many regulations seem like common sense to those who are actually walking beams at a construction site. However, to the politician who is far removed from the sparks of a welding torch, many “common sense” rules had to be deeply researched and recommended by advisors. Establishing laws and regulations is the tool the government uses to help protect workers. Unfortunately, even with additional regulation in place, many workplace accidents still occur. In 2011 the amount of work related fatalities decreased by only 81.  While every life saved is an important step in eliminating work related deaths, we still have a long way to go – just ask one of the 4,609 families that lost a loved one in 2011.

Some states have taken the federal legislation and expanded upon it. New York State has developed its own program to ensure workplace safety, DOSH Workplace Safety & Loss Prevention.  This agency program requires employers with a payroll of over $800,000 and an experience modification rating over 1.2 to undergo a comprehensive safety and loss prevention consultation. This program seeks to teach employers how to better implement procedures and processes around increased safety.  Safety consultant’s work with employers on a one on one basis in an effort to make sure no life is lost.

The government is trying to increase the safety of US workers and they will continue to enact more applicable policies and regulations aimed at reducing workplace injuries and deaths.  Even with increased regulation there are over 4 million families that are impacted by an avoidable workplace accident annually. It is the responsibility of the employer to make sure that they take every precaution to keep their employees safe.

Is your construction or engineering company taking the extra step to keep your employees safe? What precautions are you currently implementing?

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of David Resnick & Associates : A construction injury lawyer located in New York City.

Industrial Deafness Caused by Noise in the Workplace

Industrial deafness, also referred to as noise induced hearing loss, is a condition that impairs a person’s hearing due to long exposure to loud noises. Exposure to loud noises for a long period of time can cause temporary and even permanent loss of hearing and can cause conditions such as acoustic shock syndrome in a person that has been exposed to a loud unexpected sound.

Acoustic shock disorder is an involuntary response when a person is exposed to a ‘traumatic acoustic incident’ which causes symptoms such as tinnitus, hyperacousis and psychological symptoms like post-traumatic stress disorder and phonophobia. People that have been exposed to acoustic shock usually describe the shock as feeling like they have been stabbed or electrocuted in the ear. Symptoms can be of short, temporary duration or they can be permanent – requiring further treatment.

Noise Induced Hearing Loss can be prevented by following these steps:

  1. Protective earmuffs are earplugs should be worn when exposed to high noise levels for a long time. If your workplace is constantly noisy then taking off your protective equipment even for a few seconds can expose you to damaging ear levels.
  2. Look after your hearing protection so that they always work correctly. If your protection gets damaged, let your employer know and get them fixed/replaced straight away.
  3. Try to position yourself in a way that the machines sound isn’t in a direct path to your ear, causing the sound to pierce your ears.
  4. Don’t stay in a high volume are for long periods of time. Take breaks from the area where volumes are the loudest and retreat to a quieter place.
  5. Let your employer know about any unnoticed hearing hazards. Letting your employer know about hazards will not only help yourself but also work colleagues.

Employers should regularly measure the level of noise in your workplace and if you think anything extra can be done to ensure the safety of others’ hearing then you should never be too afraid to mention it to your employer. Damage to your hearing is almost always permanent so putting yourself at risk of hearing loss can be devastating to some. Legally, employers are required to provide information about industrial deafness, along with training and proper hearing protection for employees that are exposed to consistent noise levels over 80dB.

There are many environments that yield risk factors associated with hearing loss, some noises which you should be mindful of are:

  • Invasive Noise. Exposure to this kind of noise can result in Industrial Deafness, it can be found in loud nightclubs, outside on a busy street, around loud cleaning equipment and factories with loud machines.
  • Noise that causes you to raise your voice. If you are in an area where you cannot have a normal conversation with someone standing 2 metres away without raising your voice then you could be at risk of being affected by hearing damage.
  • Industrial Equipment. Working in industries such as construction, mining, engineering and foundries exposes you to dangerous levels of noise as these industries use loud machinery as a necessity. Using loud tools or machines for just 30 minutes a day could cause industrial deafness.
  • Loud Impact Noises. This includes noises such as gunshots, explosives or hammering. Listening to constant loud impact noises can expose you to permanent hearing damage.

It is important that measures are taken to prevent permanent hearing damage, so if any of these bullet points are relevant to you, then you should consider notifying your employer and protect yourself with earmuffs or earplugs.

The Control of Noise at Work Regulations 2005 stipulates certain requirements that an employer (and employee) should follow in order to reduce noise exposure in the workplace. These requirements include the responsibility to assess the risks to employees from noise at work, to take action to reduce noise exposure, to provide employees with hearing protection if noise reduction cannot be achieved, to make sure the legal limits of noise exposure are not exceeded, to provide employees with information, instruction and training, and to carry out health surveillance.

Employers should also identify hearing protection zones correctly to show areas where hearing protection is compulsory. These zones should be marked with signs that are easy to see. Proper information on caring for your hearing protection should be available to employees and the employee should ensure that hearing protectors are properly used and maintained.  Potential noise exposure and risks should be outlined, and what can be to done to control the risks. Information on where and how people can obtain hearing protection should be easily accessible, and information on how to report defects in protective equipment.

Personal Injury Lawyers such as Bartlett Solicitors who deal with industrial/world related personal injury accidents are able to handle claims for Industrial Deafness, to advise employees with legal advice for how to claim compensation for their injuries.

Product Liability Claims

At every aspect, everyone is a consumer of many different products and services that we get around us. And we expect the product to be safe and well utilized since we pay for it, nevertheless there exists situations when a person is harmed by a defective product, hence every affected consumer is legally eligible to claim compensation under product liability law from the person who manufactures or sold the product.

Under the European Product Liability Directive (EPLD), a producer is liable for damage caused by defects, but may have a defense if it can be proved that the defect occurred after the product was placed on the market. And we consumers have all the rights to expect that the products we buy are safe to use, and are properly warned about any dangers they may present about the product.

Especially in the UK and Europe the insurers are facing increasing product liability claims in what is becoming a more litigious environment. There are instances when some products may be faulty or defected and as a result they cause serious personal injury to consumers. Therefore the producers, manufacturers, importers even retail shops should ensure that products are safe and have to take an active approach in preventing harm, otherwise they fall into risk of being sued, fined or imprisoned. With the recent scenario, when the yogurt manufacturer receive claim against the defect in the product, the manufacturer had traced the production batch and found no defects in other yogurts of the same age. But later the defect in yogurt was found in supermarket when it was stocked, while the store admitted that the yogurt had left the producer in perfect condition and the amount of mould was consistent. Consequently, the court held that the supermarket was liable to the claimant.

According to the Consumer Protection Act, all consumer goods such as pharmaceutical products, medical devices and engine parts. The Consumer Protection Act 1987 is the relevant UK act that introduced strict liability for damage arising from defective products in the UK. The Consumer Protection Act (CPA) provides a long stop period which requires that any claims brought under this act are brought within 10 years from the date that the specific product was put into market. In case of defective product, a claim must be issued within three years of the date of injury caused by a defective product. And it is necessary to prove a causal link between the defect and harm.

There has been a noticeable trend of claims inflation within the healthcare sector in recent years. According to the health regulators about 14,000 people were exposed to the steroids, which were used as pain medications. Although Product-liability claims against doctors or hospitals are not always allowed, nearly 23 people have died and 300 have been infected in the meningitis outbreak, the victims of a deadly U.S. meningitis outbreak have sued the physicians and clinics that administered tainted steroid shots.

Over the past years, in Scotland many of the people were suffered from injury or death due to the complications caused by the legal high Annihilation products sold online as herbal incense which is more dangerous and left nine people hospitalized within the space of three months.

Gad Law’s no win no fee solicitors will help you to successfully win a personal injury claim for the accident victims

Will 2013 be A Bad Time to Claim Injury Compensation?

The introduction in 1995 of Conditional (No Win No Fee) agreements in personal injury cases transferred the burden of funding litigation from the state back to the claimant. Claimants were required to pay up to 25 per cent of their compensation to an accident claims solicitor which left injured people undercompensated, and in serious cases unable to afford the future care or therapy that they require.

In 1999 the government legislated to transfer the burden of funding from the claimant to the defendant, so the insurers of the losing defendant would pay not only the base legal costs but also the claimant’s costs insurance and the success fee.

However the present government does not accept this principle of full compensation and want the claimant to contribute towards the costs of bringing a claim to court. Claimants will effectively return to funding cases from April 2013 again, again being asked to pay for a success fee, insurance, and up to 25 per cent of damages, which will no longer be recoverable from the defendant.

This will cause several problems – certain types of claims such as whiplash related injuries may diminish as many claimants will be unable to fund any litigation costs. Any claimant with devastating permanent injuries may be faced with either losing a quarter of his compensation or risks not finding a lawyer who can take on their case.

In addition Solicitors may have no choice when bringing a case to court, other than charging the client a 25 per cent success fee, in order to ensure they do not end up out of pocket following an unsuccessful claim.

Clough and Willis Solicitors are experts in personal injury compensation claims and a member of the Law Society’s Personal Injury Panel. To arrange a free initial meeting to discuss your individual needs and how we can help phone 0800 083 0815 or email chris.macwilliam@clough-willis.co.uk.