Road Traffic Accidents

The level of the damages awarded as compensation for personal injuries has risen slightly in the last year, with typical rates now being as follows:   minor whiplash (full recovery within 2 years), between...
Professional fees for dealing with personal injury cases involving road traffic accidents are set to be ‘capped’, following the decision to adopt a ‘fixed fee’ scale. Under the new scheme, claims under...
The Department for Constitutional Affairs has issued a consultation document on the civil law relating to claims for damages. The paper considers making it possible for a wider range of people to bring claims for damages where someone has been killed as a...
Sometimes, cases involving personal injuries lead to decisions which do not at first glance seem to be those you would expect. Following a similar case some months ago, involving a woman whose car collided with a bus, a further case has...
One of the things which determine the eventual payout in personal injury claims is the degree to which the injured person is to blame for the injury that befell them. This principle is called 'contributory negligence'. It also applies where an injury happens...
When injuries occur because of high-speed impacts between cars, once the ‘liability’ issue (who was responsible for the accident) is sorted out, the argument normally becomes one about money. With low-speed impacts (typically under 5 mph),...
A new insurance industry report reveals that the number of personal injury claims made to motor insurers continues to rise, in spite of fewer injuries and deaths on the roads. The report, commissioned by the Association of British...
It is common knowledge that taking action in the courts against an opponent who disputes your claim can be stressful and expensive. Recently, alternatives to bringing court action, such as alternative dispute resolution and mediation, have become more...
The majority of personal injury victims feel more confident with legal representation than they do if relying solely on insurers, according to Law Society research. Three quarters of personal injury victims do not feel confident about bringing a claim on...
If you suffer injury due to a road traffic accident which is not your fault, you can make a claim for damages if another person was at fault. All road users owe a duty of care to other road users, so if an accident is caused by their negligence they can be...
Cases involving personal injury when both parties are ‘in the wrong’ present a particular problem when it comes to determining the apportionment of responsibility for (and therefore the amount of damages payable for) the injury. ...
Laws regulating unscrupulous claims companies and aiming to reduce the fear of litigation for those engaged in what are deemed to be 'desirable activities'  are dealt with under the Compensation Act 2006,  which regulaties so called 'claims...