Road Traffic Accidents: Is there a Personal Injury Claim?

A road traffic accident can shake anyone up – it can be a terrifying experience and, in the case of a spinal cord injury, extremely traumatising.  So much so, it can often be difficult to navigate the next steps when deciding to make a personal injury claim.

There are many important questions to keep in mind when looking for the right solicitor and, in this blog, we explain how someone who sustains a spinal cord injury from a road traffic accident, can make a successful claim.

What details will I need to provide?

A good solicitor will know that in order to claim for a road traffic accident, it’s all in the detail. The right one will recommend that you gather as many details as necessary, in order to state your case in the best light. However, it is important to consider that suffering a spinal cord injury is life-changing, and the potential claimant may not be in the right mind frame to provide all of the key details from the scene.

Often, loved ones of the person injured will take the responsibility of contacting solicitors. Early contact is imperative as it gives solicitors the best chance of preserving evidence, but also provide immediate support to the injured person.

If you are able to give details, remember that, although you may feel concerned about how much detail you should give without affecting your claim, it’s crucial that you disclose any additional details with your solicitor, including whether you were partly to blame for the accident. You can still have success with a personal injury claim in these circumstances, but it is essential that you stay honest throughout the process, so you can gain the best insight and advice.

Rehabilitation Code

One of the benefits of contacting specialist solicitors early on is the possibility that they may be able to use the Rehabilitation Code to access funds to help the person with a  spinal cord injury even when an admission of liability has not been made. Insurers are often willing to comply with this code, even if liability is not resolved – meaning that early funds are available to pay for items that the injured person needs (e.g. therapists, modifications and equipment). While not guaranteed, it is a way to receive funds early on without having to wait for an admission of liability.

Do you have experience in dealing with road traffic accident cases?

Your insurance company may already have a law firm at hand that they can recommend, but we strongly recommend that you look for specialist spinal cord injury solicitors as is your right. It makes sense to go with a firm that has experience in road traffic accidents and spinal cord injury so they can get the best results for you or your loved one.

How long will it take? How much compensation could I receive?

No solicitor can advise a timescale or predict how much compensation you could receive without knowing the ins and outs of your case – and even then, it will be nothing more than an estimate. You should never be given any indefinite promises at the start of your case.

However, they could highlight any possible outcomes based on previous experience, and when accumulating your pay-out they should consider:

• The seriousness of your injuries caused by the accident

• How your injury is now affecting your life and what support you now need

• Any loss of earnings both currently and in the future

• Most importantly, they need to ensure that you will receive funds to cover the treatment and rehabilitation you need to make as full a recovery as possible to enable you to lead an independent life and the care that will enable this to happen in the future.

A solicitor will not be able to give an idea of your potential settlement until they have a good insight into the details of your case.

If you, or someone you know, sustains a spinal cord injury as the result of a road traffic accident, you should speak with a lawyer as soon as possible. The longer you delay, the less chance you will have of making a successful claim.

Adjusting to a new life of disability and paralysis associated with spinal injury can be extremely costly.  A compensation claim can help you fund these additional living costs. With a successful claim, the damages allow you to pay for assistance and equipment, which can cost tens of thousands of pounds each year – so with the right lawyer, your compensation can cover these concerns.

Will my case be on a no win no fee basis?

Most cases are funded by a no win no fee agreement but your solicitor will discuss all the options available to you and decide which method of funding is in your best interests. It’s crucial to clarify the exact terms of a no win no fee agreement, so you do not get stuck paying any additional fees in the process. Some solicitors may charge extra fees for things such as medical reports related to your accident, which costs may vary.

If I win, how much will you charge me?

This will depend on your case and varies from firm to firm. Many firms charge up to 25% of damages (compensation) if acting on a Conditional Fee Agreement (also known as a No Win No Fee Agreement). At Aspire Law we do not charge a deduction from your compensation for our legal costs if you have been injured through a Road Traffic Accident.

Road traffic accidents and spinal cord injury

Did you know that road traffic accidents are the second largest cause of spinal cord injury in the UK? Many of you may be a victim of spinal cord injury yourself or know somebody who has endured a spinal injury due to a road traffic accident.

Despite the advancement in road safety measures year on year, spinal cord injuries caused by road traffic incidents still happen far too often.

If you or someone you know has been involved in a road traffic accident and has sustained a spinal cord injury as a result, it is important that you research specialist law firms who can help support you to make a claim for life-changing compensation.

Specialists at your fingertips

Aspire Law is the only specialist UK law firm to deal exclusively with spinal cord injury compensation claims. All of our lawyers are experts in spinal cord injury and have a lengthy, successful track record of supporting individuals and their families who have been injured in a road traffic incident.

There is no single cause and our experience tells us that, in road traffic accidents that lead to spinal cord injury, no one case is the same.  Our current cases include spinal injuries that have been sustained by a pedestrian hit by a car, a passenger who was being driven by a close relative, as well as a cyclist who was hit by a negligent car driver on his way to work in the morning rush hour. We recently dealt with a case that resulted in £17m for a passenger injured in a car accident.

A law firm with a difference

Aspire Law is a specialist law firm, working for people with SCI. We help and support everyone affected by spinal cord injury, and believe in the importance of women’s health. Get in touch and give us a call on 0800 030 20 40 if you require legal support.