According to Brake, the road safety charity, someone is killed or seriously injured on UK roads every 17 minutes. Being involved in a road traffic accident can result in serious physical and psychological injury. Such injuries can have a significant impact on daily activities such as work, socialising, personal care or household tasks. The purpose of a personal injury claim is to compensate individuals who have been involved in road traffic accidents and help them back into the position they were in before the accident.
Whether you were the driver of a car, a passenger on a bus, a cyclist or a pedestrian crossing the street you may be able to make a claim for compensation if you were involved in an accident which was not your fault.
As the person bringing the claim (the Claimant), it is your responsibility to prove that there has been a breach of duty which has caused actionable personable damage. In England and Wales, all road users owe a duty to take reasonable care to avoid causing injury or damage to other road users. The first step in a personal injury claim is to prove that the Defendant driver has breached that duty of care. For example, the Defendant driver may have failed to:
- Drive with due care and attention;
- Take appropriate evasive action;
- Heed the presence of other road users;
- Drive his vehicle in the manner expected of a reasonable and prudent driver.
Once the Claimant has proven that the Defendant driver has been negligent, they must show that the Defendant’s breach of duty has caused their injuries. This is known as Causation. Medical evidence is essential in proving Causation, and therefore an independent medical expert will be instructed to prepare a comprehensive report on the injuries sustained. The medical expert will review the Claimant’s medical records and provide an opinion on the diagnosis and prognosis. They will consider any pre-existing conditions and their effect on the injuries sustained in the accident.
You may be left with multiple physical and psychological injuries which the expert will consider. This could include soft tissue injuries, spinal injuries, depression, head injuries or post-traumatic stress disorder. The medical expert may recommend further investigation such as an MRI or CT scan to aid in diagnosing the injury, and they can suggest treatment options such as physiotherapy or cognitive behavioural therapy.
Once the Claimant has proven that the Defendant’s breach of duty has caused their injuries, they must show that those injuries attract an award of compensation. The Claimant’s representative will review the medical report alongside the Judicial College Guidelines for the Assessment of General Damages in Personal Injury cases to advise on this. Negotiations will then take place between the Claimant and Defendant on the value of the claim, and if an agreement cannot be reached, the claim can proceed to Court for a Judge to decide.
If you require any advice or assistance in connection with a road traffic accident then please feel free to contact a member of our Dispute Resolution team of specialists.
