Personal injury claims

A way of managing assets for someone. The settlor creates the trust and puts assets into it, the trustees manage it and the beneficiaries benefit from the trust assets or income.

In the same way that the common law can impose a duty, a similar type of duty can be imposed by an Act of Parliament, otherwise known as legislation. For example, to drive in excess of the prescribed speed limit would be a breach of this statutory duty. It would also potentially be a breach of the common law duty to drive carefully. Breaches of statutory duty can in themselves provide an entitlement of compensation, but only if the cause of the injury is linked to the breach of duty.

Following the start of a claim for compensation following a serious injury, your solicitor will often arrange for an immediate needs assessment. This assessment will be performed under the rehabilitation protocol that most specialist solicitors and major insurance companies have agreed to. The protocol provides that the assessment of the immediate needs is intended only to provide assistance in the injured person’s rehabilitation and not to produce evidence that might be used in any subsequent court proceedings. Therefore, unless both parties agree otherwise, the content of the assessment of the immediate needs cannot be used in court.

Following a serious injury, initial medical care will be provided by the hospital. Once discharged from the hospital, however, the injured person will very often have an ongoing need for treatment or therapy to assist them in making the fullest recovery possible. This work is often done by occupational therapists, speech and language therapists, physiotherapists and neuropsychologists, etc. This part of a person’s treatment is often referred to as the rehabilitation process.

See conditional fee agreement.

A breach of the common law duty of care will often be an act of negligence. For example, if you drive on the road in a dangerous manner that will be considered negligent. Such action will only give rise to a claim for damages if, as a result of that negligence, somebody is hurt. There must be a clear link between the negligent behaviour and the injury.

Following a serious injury, the individual will be admitted to the hospital under the care of a consultant relevant to the type of injury. On discharge from hospital medical care will often continue to be provided via the hospital outpatients department and/or GP. The written records produced during treatment are important evidence of the nature and extent of an injury, however, in order to prove the existence and extent of an injury, your solicitor will need to instruct an independent medical expert. This would not be the same person who provided the treatment in hospital. In serious injury cases often more than one expert is instructed and they may well be asked to produce more than one report if recovery takes a long time. A medical expert will examine the injured person, consider the medical records and then produce a written report. The written report will stand as evidence in the claim. Getting the right medical experts is vitally important.

A scanning machine that enables highly detailed pictures of the brain and other parts of the body to be taken. MRI uses a strong magnet rather than X-rays.

When somebody is injured they are often unable to work while they recover from their injuries. If the injury is serious they may never return to their pre-accident employment or perhaps never be fit for any sort of paid work again. As a consequence of any of these situations the injured person will suffer a loss of earnings. The precise nature of the loss will depend on the circumstances. Loss of earnings can be ‘claimed for’ losses that have already occurred and those that may occur in the future.

A legal expense insurance policy help pays for a solicitor’s fees when acting for you in certain circumstances. Many people have legal expenses insurance which has been provided, for example, together with a motor or house insurance policy, or through a credit card, trades union or motoring organisation such as the AA or RAC. Such policies often cover the legal fees involved in bringing a claim for compensation in the event of a serious injury. Your solicitor will guide and assist you in investigating whether you have this type of cover.