Why You Should Consult a Car Accident Solicitor for Advice
If you are considering making a claim for car accident injury compensation, you should consult a car accident solicitor for legal advice. Car accident compensation claims made with the assistance of a car accident solicitor have a greater likelihood of success, the claims process will run more smoothly and car accident compensation can be paid more quickly. A car accident solicitor will also prepare the strongest possible case to enable the maximum settlement of car accident injury compensation to be paid.
A Car Accident Solicitor Will Confirm Eligibility to Claim Car Injury Compensation
Car accidents are an unfortunate consequence of driving on the roads, and some accidents occur which cannot be attributed to third party negligence and therefore exempt from car accident compensation claims. Without third party negligence there can be no claim for compensation, as there is no one against whom to make a claim. However should a driver make a mistake or have a lapse of concentration which causes an accident, this is classed as negligence and a claim for personal injury compensation can be made. Proving that another driver, road user or even the local authority has been negligent can be more straightforward in certain circumstances with the help of a specialist car accident solicitor.
Negligence is a failure in a duty of care – or, more simply, carelessness – and all drivers should ensure that they drive in a responsible fashion. They should take special care to look out for hazards and drive slowly enough to be able to respond in good time to dangerous situations. Driving too fast, or not leaving sufficient space behind the car in front, are both common reasons for car accidents occurring and both indicate a failure in a duty of care to other road users.
A car accident solicitor should always be consulted when in doubt about eligibility to claim car accident compensation. A car accident solicitor will listen to a personal account of an accident, look into evidence of third party negligence and will accurately evaluate a road accident victim’s eligibility to claim car accident injury compensation.
A Car Accident Solicitor Will Assess the Strength of a Car Accident Injury Compensation Claim
There are many reasons why a claim for car accident compensation may fail, and even the best car accident solicitor may not be able to ensure the success of some claims. However, a car accident solicitor will look for potential problems with a claim and will determine the likelihood of success. A car accident solicitor will have a good idea of the likelihood of success before any money or effort is committed to pursuing legal claim for compensation, and an informed decision can then be taken by a victim on whether legal action is worthwhile.
A Car Accident Solicitor Will Claim Your Full Entitlement to Car Injury Compensation
Claims for car accident compensation can be made without a car accident solicitor; however calculating the correct level of compensation which can be claimed is fraught with difficulty. Claiming too much compensation can prompt a car accident claim to be contested, and a defence and a judge would be likely to treat such claims with suspicion. Claiming too little in compensation is naturally to the claimant’s disadvantage. When a car accident solicitor accepts a case, they will conduct a thorough investigation of the accident and the injuries, and will calculate the maximum compensation which can legitimately be claimed.
A car accident solicitor will not simply use a personal injury compensation calculator, but will take an in-depth look at previous court precedents and similar recent claims which have been successful. He or she will also factor in all aspects of an injury, including future risks of health complications, visible scarring and the age of the victim. Any claim for compensation will be properly substantiated by a car accident solicitor, and will make third party insurers aware of why every penny is being claimed. With a solid case and accurately calculated compensation, the likelihood of a favourable outcome is greatly increased.
A Car Accident Solicitor Will Determine How The Statute of Limitations Applies
According to UK claims law, any claim for car accident compensation must be made within a set legal time frame as stipulated by the UK statute of limitations. The Limitation Act (1980) placed a legal limit on making a claim for personal injury compensation and ensures that defendants do not live in constant fear of litigation. The UK statute of limitations also encourages claimants to mount successful legal claims for compensation while evidence of negligence can still be collated.
The UK statute of limitations usually allows 3 years from the date that an injury has been sustained in which to make a car accident injury compensation claim; however there are numerous exceptions which affect the time period for making a claim for compensation. A car accident solicitor will be well versed in all aspects of limitation law and how it applies to an individual case. It is always advisable to seek advice on limitation as soon as possible after an injury has been sustained to ensure that a claim does not become time-barred.
Obtaining Out of Court Settlements and UK Court Litigation
A car accident solicitor will have extensive experience of dealing with third party insurers, and can often obtain a negotiated settlement and avoid litigation in the UK courts. When a claim for car accident compensation goes before a judge, it is usually due a dispute over liability and the claim could be decided either way. Getting the maximum settlement on a claim for car accident injury compensation without a court appearance requires the legal skills of a car accident solicitor, as third party insurers will do all they can to limit their liabilities and reduce compensation payments. Unrepresented claimants often find that they are not awarded sufficient compensation without taking the matter to the UK courts.
The Cost of Using A Car Accident Solicitor
Some road traffic accident victims are dissuaded from making a claim for car accident compensation due to the potential costs of taking legal action in the UK. A legal claim for compensation using a car accident solicitor may require that the solicitor’s legal fees to be paid whether a claim is successful or not. There can be disbursements to be paid during the claims process, such as court costs and expert medical opinions to substantiate a claim. Even obtaining medical records and evidence may incur a cost, which will be passed on to the claimant by a car accident solicitor.
Under UK claims law the claimant will not be required to pay their own legal fees when a claim is successful, as the defence will be liable for any legal costs. However in an unsuccessful claim the reverse is true, and an unsuccessful car accident injury compensation claim will see the claimant liable for third party defence costs as well as the costs from their chosen car accident solicitor – unless your car accident claim qualifies for “No Win, No Fee” legal representation.
Using a No Win No Fee Car Accident Solicitor
A No Win No Fee car accident solicitor will offer their services free of charge should a claim for compensation not prove to be successful. Legal fees will be fully waived, and the claimant will not be liable to “pay a penny in legal fees” for an unsuccessful claim. This method of legal representation is termed a conditional fee arrangement, and it is an increasingly popular way of making a claim for car accident compensation in the UK.
In order to qualify for the legal services of a No Win No Fee car accident solicitor, the claim for compensation must be strong. No car accident solicitor will offer their services when there is not the likelihood of a claim being successful . If you are offered the services of a No Win No Fee car accident solicitor, it should be encouraging, as your claim for car accident compensation will be deemed to have an excellent probability of success.
Although a No Win No Fee car accident solicitor will waive their own legal fees, they are unable to waive the fees of the defence. An unsuccessful claim will still see the claimant liable for third party legal costs, together with any disbursements accrued by a No Win No Fee car accident solicitor.
Before instructing a No Win No Fee car accident solicitor to issue proceedings, it is vital that claimant’s liabilities are known to allow action to be taken to limit any liabilities. In many cases it is possible to take out ‘after the event’ insurance to cover third party legal costs if insufficient cover for legal expenses is provided by an existing household contents or car insurance policy.
Contacting a Car Accident Solicitor For The First Time
It is understandable to be nervous about speaking to a car accident solicitor for the very first time. Most people setting out on their car journeys would never have considered that their trip would lead to the need of a car accident solicitor, and some could even be apprehensive about picking up the phone. However, a car accident solicitor will expect you to be nervous about making contact, and will be used to dealing with emotional clients who are often left angry, upset and confused by an accident.
Before making the first call to a car accident solicitor, it pays to think about the accident and the injuries you have sustained. A car accident solicitor will ask you to describe the accident and detail your injuries as part of the process of determining eligibility to claim car accident compensation. If you have any questions, write them down before calling as a reminder to ask the car accident solicitor who takes your call. It is also useful to keep a pen and paper handy, as you may wish to take notes during the conversation. There may be a lot of information to take in, and it can be easy to forget some of the crucial points.
At the end of a conversation with a car accident solicitor you will know whether you are eligible to claim car accident compensation, you will have an idea of the strength of your case and you should have an indication of how much car accident injury compensation you may be entitled to. A car accident solicitor will explain the next steps in the claims process, and what you must do should you wish to proceed. You do not have to make a decision straightway, and you can take your time to decide about initiating a car accident claim after talking it through with friends and family.