How much compensation will I recover for my accident claim?
The amount of compensation you recover will be determined by a number of different factors including:
- The seriousness of your injury
- How much money you have lost or will lose as a consequence
- How it has affected your life
- Whether you will need extra support in the future
As specialist personal injury lawyers, we will assess your claim and ensure we recover maximum damages for you. We will obtain medical evidence documenting the injuries you have suffered and put together a detailed schedule of all of your out of pocket expenses. We will take detailed instructions from you about everything you have lost and all expenses you have incurred as a result of the accident.
We will assess each client’s losses on an individual basis and ensure that they are put back in the position financially that they were prior to the accident happening.
As well as securing financial compensation for you, we will be here to support you and your family with any questions you may have. We will take you through the court process and will also advise you and help you to access rehabilitation at an early stage.
How much will it cost me to make a claim?
Don’t worry about legal costs, we will discuss all of this with you in detail. There will be no upfront cost to you of bringing the claim. We will act for you on a ‘No Win No Fee’ basis supported by after the event insurance where appropriate.
Legislative changes which came into effect on 1st April 2013 mean that you will no longer be able to recover all of your legal costs from your opponent. We will keep you fully advised in this regard but you won’t pay anything to us until your compensation is recovered.
At that point, any cost not paid by your opponent will be deducted from your compensation.
To reflect the fact that you will no longer be able to recover all of your costs, the Government has increased the amount of money you will recover for your injury by 10%.
There is no risk to you if you are unsuccessful and you will not have to pay any costs to us in that event. The insurance policy you have taken out will protect you against the cost of any disbursements that have been incurred and your opponent’s legal costs.
What is a ‘No Win No Fee’ agreement?
A ‘No Win No Fee’ Agreement or Conditional Fee Agreement will help you to pursue your claim for personal injury.
When you instruct us to assist you we will assess your case and if we are happy to take it on on a ‘No Win No Fee’ basis we will advise you. If so there will be no financial risk to you if your case is unsuccessful.
At the conclusion of your case, if you are successful, your opponent will may the majority of your basic legal costs and disbursements i.e. for medical report, police report, Court fee etc. if you win, any of the legal costs not paid by your opponent will be deducted from your compensation but you will not pay anything until your claim has successfully come to a conclusion.
Types of claim:
Can I make a claim if I am struck by a car door opening into my path?
Yes, if you have been injured as a result of someone, either a driver or passenger, opening their car door into your path they will be liable for your accident. It is the responsibility of the motorist and his passengers to check that it is safe before opening the door and the insurers of the vehicle will be responsible for dealing with your claim.
Can I make a claim if I strike a pot hole?
If you have been injured because you have been thrown from your cycle following striking a pot hole, you will be able to bring a claim against the local authority responsible for that stretch of highway if it can be shown that they have failed to inspect and maintain the road within a reasonable time frame. It is important to obtain good quality photographs of the defect at the time of the accident and illustrate the depth on your photograph by use of a ruler/matchbox etc.
Can I make a claim against a pedestrian?
Yes, you will be able to bring a claim against a pedestrian if it is clear that the pedestrian was at fault. For example, if a pedestrian steps out into the road and causes a cyclist to be injured then it is likely that compensation will be recoverable against that pedestrian, subject of course to them having the means to meet any claim.
Can I make a claim against an uninsured driver?
Yes, if the driver of the vehicle which collides with you turns out to be uninsured in your claim will be redirected to the Motor Insurers Bureau who will stand in place of the insurer.
Can I make a claim against an untraced driver?
Yes, if you are injured by a driver who fails to stop and is therefore untraced you will be able to make a claim via the Motor Insurers Bureau through their Untraced Drivers’ Agreement. We would advise you on this in detail when we speak.
Are cyclists obliged to wear cycle helmets and will it affect their claim if they were not wearing a helmet at the time of the accident?
Cyclists are not obliged by law to wear a helmet, however the British Medical Association strongly recommend their use when cyclists are using the public highway and especially in the case of children. The debate continues on the issues of contributory negligence for the failure of cyclists to wear a safety helmet and the issue has yet to be finally determined by the Courts. It is likely that a Court would find a degree of fault on the part of a cyclist for failing to wear a safety helmet, but only if his or her injury was sustained to the head and the wearing of a helmet would have prevented or reduced the head injury. However, a cycle helmet is designed for falling from a stationary cycle, and recent medical opinions show that wearing a helmet can make little difference in serious accidents.
Contact our Cycle Claims Solicitors Preston UK
To speak to one of our experienced cycle claim solicitors, contact us today on 0800 387 815 or alternatively, complete our online contact form and a member of our team will be in touch. You can also start your claim online here.