Accidents – How To Claim For Compensation

Have you had an accident that wasn’t your fault?

If you are injured due to the negligence of someone else, or if they have breached duties which have been set down in law, you are entitled to compensation.

Many accidents happen on the roads, in car accidents or tripping on pavements etc. Some happen in shops, restaurants, bars etc, or at a private home. Many accidents happen in the workplace.

At MWR we know the law which applies in every circumstance. Opponents may deny responsibility in the hope that the claim will go away, but insurers frequently change their minds when the legal issues are pointed out to them, either early on, or as the case approaches a trial date. Equally, we will not hesitate to advise a client that a good defence has been made out and that the claim will not succeed.

Sometimes, we need to press our opponents for their documents which will help establish whether the case will succeed or not. We can apply to court for an order for disclosure of relevant documents in order to avoid prolonged delays by opponents.

We also know how much compensation you are entitled to. There are two parts to this: compensation for pain, suffering and loss of amenity and compensation of out-of-pocket expenses. The damages for pain and suffering are determined by the extent of your injuries, as set out in the medical report we will obtain. We will need pre-accident earnings information in order to calculate your loss of earnings, and we can discuss other heads of loss with you as appropriate. These usually include the cost of medicines and medical treatment, travel expenses in attending for treatment and the notional cost of others in helping you with tasks you are unable to do because of your injuries.

Why make a claim

There are many reasons to bring a claim. The most obvious is the compensation it brings but there are other good reasons.

  • By making a claim, you will alert the negligent party to the problem and steps can then be taken to prevent the same thing from happening to anyone else.
  • We are often contacted by workers who have not been paid in full for their time off work following an accident, and the claim for lost earnings will form a significant part of the claim.
  • You might find that you are in need of rehabilitation such as physiotherapy. We will seek such treatment from the opponent pursuant to the Rehabilitation Protocol at an early stage.
  • Where liability has been admitted, we can seek an interim payment on account of the final damages award whilst the claim is being prepared.

Accident claims normally succeed if you can demonstrate that someone has not done something that they should have, or done something they shouldn’t. Sometimes this is down to common sense, but other situations are less straightforward.

A relatively simple example of someone neglecting their duty of care would be a recently mopped shop floor that does not have warning signs, resulting in a customer slipping and hurting themselves. In this case, the customer could make an accident claim because their injury could have been avoided if the shop had taken proper precautions.

No-win no fee claims

At MWR we handle thousands of claims every year on a no win-no fee basis. Our specialist legal team and will guide you through the entire process, often beginning with a visit to your home to explain the Conditional Fee Agreement (CFA) personally. After meeting our friendly experts face to face, you will appreciate why our clients value this aspect of our service so much.

The CFA means you do not have to pay us a fee if you lose. And regardless of the outcome, insurance will cover you against the other side’s costs and expenses.