Car accidents tend be a traumatic and a very distressing affair. Along with damage to the car it is common place to suffer from a personal injury.
So what can one claim for under the umbrella of a personal injury claim.
There are three main headings that can cover the broad range of damages you may be able to claim for a injury caused by a car accident whilst using a personal injury lawyer.
The first of which is probably the most commonly and widely referred to as a whiplash injury. Although whiplash injuries can be painful these are relatively minor compared to some of the more serious injuries one could claim for when claiming for a physical injury caused by a car accident. Examples of such serious injuries would be paralysis, head trauma or a loss of limb. However the more common injuries sustained in a car accident are stiffness and muscular pain in the neck and back region which typically result in a few thousand pounds in compensation.
The second type of damages you may be able to claim is mental injuries. Most commonly can be in the form of anxiety etc.
Finally you can also claim for other losses suffered due to the car accident. These losses can be damage to clothing or personal property like a laptop. Or it can be time taken off which you won’t get paid for. It can also be treatments or medication you have to pay for to help with recovery. One must point out that mitigating such costs are a duty on the claimant excessive costs may not be recoverable if they could have been mitigated.
In order to make a car accident claim one must prove that the car accident was in fact not their fault. This in most circumstance is easily found. However there are some instances where this may not be clear for instance where the accident takes place on a roundabout. In such cases the decision on who’s at fault depends on witness statements, pictures and most importantly where the damage on both vehicles is. So it would be good practice with the development of video phones to gather as much evidence as possible at the scene of the car accident.
Further a passenger in a car accident wishing to make a personal injury claim does not have the same problem as the passenger can claim against the driver of the car he was travelling in or the other party (who ever is at fault). Furthermore a pregnant woman who is at fault in a car accident may be liable to the unborn child for any birth defects that may occur as a result of the car accident. This established in the congenital disabilities act.
It is therefore recommended to make sure you are insured as the liability that you may be exposed is far greater than the insurance premium you will be paying.
Most solicitors will also work on a no win no fee basis which enables you to claim without paying any fees until you win some compensation however you may be exposed to huge fees resulting in a large chunk of your compensation towards paying those fees. It is then very crucial that you search for a solicitor that guarantees 100% compensation.