Here at Russell Worth we are a specialist law firm dealing with Claimant only personal injury cases. We are passionate when it comes to representing members of the public who, through no fault of their own, find themselves injured due to another party’s negligence. Our experienced and dedicated team of friendly and professional staff work extremely hard to ensure, whenever possible, we are successful in obtaining justice for our clients. Not only do we claim compensation for the injury itself but we also claim for losses such as loss of earnings, medical expenses, care costs and travel costs to and from medical appointments.
The road to justice is not always a smooth one and there can be many obstacles thrown in our path by third parties and their insurance companies who are often quick to deny responsibility for the accident. We are not easily put off however and, if appropriate, will continue to fight a claim for as long as necessary and take whatever steps are needed, including going to Court, to get the result our clients are entitled to.
What we do
Included in our steps taken to secure compensation for our clients are the following:-
1. Lodging a formal claim against the third party quoting Acts of Law and Regulations supporting the claim.
2. Instruct a Medical Expert to meet with the client and prepare a report in support of the claim – outlining the injury sustained, the likely timescale for recovery and any likely future medical requirements.
3. Arrange for rehabilitation if there is a need – such as physiotherapy.
4. Obtain Witness Statements in support of the claim.
5. Obtain CCTV and other evidence if available.
6. Issue Court proceedings, when necessary, to put pressure on the third party to deal with the matter.
7. Follow the Court procedure, complying with deadlines for filing of paperwork and forms etc.
8. Instruct a Barrister for advice when needed.
9. Research previous case law to give an idea of the likely value of the claim.
10. Negotiate with the third party to the point of a satisfactory settlement.
What are the Government proposing?
The above list is not exhaustive and there are other factors to consider in the running of a personal injury claim but this does give you some idea of what is involved. So, the question is, how would you feel if access to a legal representative was withdrawn and you had to go it alone?
George Osborne’s autumn statement contained proposals for an increase in the Small Claims limit for damages for pain and suffering from £1000 to £5000 for all claims. Claims dealt with under the Small Claims track do not provide for payment of legal fees and applicants end up dealing with these claims in person. Under these rules you may have an injury worth £4,000 and a loss of earnings claim worth £3,000 giving you a £7,000 claim but as the injury is worth less than £5,000 you would still not be entitled to legal representation. It has also been proposed there would be no compensation whatsoever for ‘minor soft tissues injuries’ such as whiplash. The reason? There can never be a good enough reason to restrict access to justice however Osborne claims it will cut £1bn from the cost of motor insurance. He “expects’” the insurance industry to pass this on to motorists to the tune of £40-50 per year. However, we have heard this before. Insurers promised to reduce premiums before the last round of anti-victim cuts in LASPO. Even though solicitors’ fees were slashed by 60%, insurance premiums barely moved. Ironically, Mr Osborne has increased Insurance Premium Tax (IPT) by 3.5%, increasing insurance premiums for everyone. So insurance now costs more and hundreds of thousands of injured persons lose out anyway.
What is being done to stop this?
Since the referendum the Government have had more pressing matters to consider and of course Osborne himself is no longer a direct threat, however, we cannot afford to be complacent and sit back to wait for what still may happen. We encourage you to get involved in the campaign being run by Access to Justice (A2J) who provide helpful information on how you can get involved in the fight to secure access to legal representation when making a personal injury claim A2J
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