B was a rear seat passenger in a car involved in a very serious road traffic accident. The driver drove far too fast and caused the vehicle to mount a roundabout, passing over the top...
The goal is to try and put you in the financial position you would have been in had you not been injured. The compensation breaks down into two parts: one part for your injury and one part for any financial loss. The compensation is generally paid by your opponent's insurance company.
The first step is to get as much information as possible about the circumstances surrounding your injury and to identify who is at fault. It is important to do this as soon as possible while the incident is still fresh in your mind. We then send a formal letter of claim to the opponent who has three months to investigate the claim before confirming whether liability is accepted.
We will obtain a medical report on the nature and extent of your injuries. This has two purposes. First, to identify any appropriate treatment. Second, to enable us to quantify the award for the injury. In the case of severe or multiple injuries we obtain medical reports from a number of specialists and obtain follow-up reports a year or two after to ensure that we fully understand the nature and extent of your injuries and what the future holds.
The most common aspects are loss of earnings (past and future), travel and medication costs, reimbursement for items lost or damaged in the accident and treatment costs.
Where someone is unable to look after him or herself or carry out routine activities for a period after the accident, they are entitled to claim for support and assistance provided by friends and family. This is known as gratuitous care. Although this time has been provided free of charge the law recognises that their time has been taken up and requires them to be compensated accordingly.
In more serious cases the cost of commercial care and support, together with equipment and domestic/DIY assistance are claimed.
Settlement of a PI claim is usually full and final. It is therefore vital that we get a clear medical prognosis and all the evidence together in relation to your financial claim before we make a settlement offer. As with many negotiations it is rare for the defendant to accept our first offer (and vice versa). In the event that settlement cannot be agreed or liability not accepted, the next step is to commence court proceedings. Once proceedings have been served on the opponent, the court sets a timetable for the exchange of evidence between the parties. The parties can still negotiate a settlement at this stage, but if this does not happen, the claim proceeds to trial before a judge who considers the evidence and decides on the facts/evidence in dispute.
This Cambridge-based firm maintains a formidable personal injury offering, and wins praise from clients for its willingness to "go the extra mile." The team has a particularly strong brain injury practice...
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Taylor Vinters Solicitors, Merlin Place, Milton Road, Cambridge CB4 0DP
Tel: +44 (0)1223 423444 | Fax: +44 (0)1223 423486 | DX 724560 Cambridge 12
Taylor Vinters Solicitors, Tower 42, 33rd Floor, 25 Old Broad Street, London EC2N 1HQ
Tel: +44 (0)207 382 8000 | Fax: +44 (0)207 382 8001
Taylor Vinters is a trading name of Taylor Vinters LLP. Taylor Vinters LLP is a limited liability partnership registered in England and Wales (registered number OC343503) which is authorised and regulated by the Solicitors Regulation Authority and is authorised and regulated by the Financial Services Authority for investment business. A list of members is available from our registered office.