Do You Have Cause for A Personal Injury Claim? - By: Jamie Simpson

Personal injury claims are the relief sought by those who have been injured in an accident or fall as a result of the negligence of another. Claims for relief can be pursued through the No win/No fee compensation scheme, known as a Conditional Fee Agreement, or CFA. The CFA establishes the terms and agreements under which a solicitor who specialises in personal injury cases will deal with the claim on behalf of the injured party. When solicitors are approached for personal injury cases there will be a bit of qualifying that will take place before any legal action is taken.

A preliminary investigation will be carried out in order to establish the merits of a case. It must first be determined if, in fact, there is an injury for which a claim of personal injury can be made. It is unlikely that a case will go forward if the injury sustained is considered minor. It is also important to have an understanding of the date of injury. An incident that goes back more than three years rarely has a basis for payment. Lastly, it will be essential to rule out any culpability on the part of the claimant. As the purpose of a personal injury lawsuit is to hold the negligent party accountable for cause, a case is most unlikely if it is determined that the claimant was acting irresponsibly or in a negligent manner that lead to the injurious accident.

Here are some examples of the more common types of personal injury claims centred on road accidents:
• Whiplash
• Car accident
• Hit and run accident
• Uninsured driver
• Cycle accident
• Motorbike
• Pedestrian accidents
• Rear end car accident
• Bus passenger accident
• Passenger injured accident
• Fuel spillage accident claim

Here is a partial listing of the more commonly experienced workplace related personal injury claims:
• Unsafe work environments
• Accidents at work - (e.g., slip and fall)
• Industrial disease
• Defective equipment
• Ladders and scaffolding
• Sick pay entitlement
• Age discrimination
• Equal pay compensation
• Accidents involving machinery
• Factory accidents
• Back injuries at work
• Building site accidents
• Construction accidents

Here is a partial listing of some of the more commonly known medical negligence claims for personal injury:
• Medical negligence
• Standards of care
• GP medical negligence
• Clinical negligence
• Hospital Performance tables
• Dental compensation
• Needlestick injury claims
• Cosmetic surgery compensation
• Laser eye surgery
• Bedsore complaints

The standard CFA devised by the Law Society of England & Wales is now utilised by the vast majority of solicitors and confirms the claimant will not endure any costs should they lose the case. Other charges related to a case may be required, such as doctor's fees and testimony from expert witnesses. Evidence of a legitimate injury must be substantiated for a personal injury solicitor even to begin the accident compensation process.

Should there be concern that a case is probable, the best approach is to ensure contact with an approved no win no fee accident solicitor. The advice obtained from a specialist is the only way to ensure a case is handled properly.

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