If you do decide to proceed with a claim, you will need professional advice and guidance throughout the claims process. It's crucial to choose a firm you can trust so that the process is made as simple and straightforward as possible.

Claiming against the other party can be harder than you think, even if the case appears simple. We are here to help you through the process

Some Insurers can be slow to pay compensation for accidents and may use blame tactics to avoid paying you what you are entitled to. It is most important that you know what compensation you are entitled to, since insurers may offer claimants smaller sums to close cases early and cheaply.

McKeowns Solicitors is a powerful ally to have when dealing with large insurance companies. We have been involved in the industry for over 30 years and know the legal system and claims process intimately.

Our specialist personnel include some of the best in the industry which means they have the ability and knowledge to argue your claim effectively against the most reluctant opponent.

Personal injury claims refer to any situation where one person seeks compensation from another person, a company or a public authority that has caused him or her to suffer some form of harm.

The injury could be physical or mental, and a person who makes a personal claim is also be entitled to seek financial losses such as loss of earnings and damage to personal possessions.

Personal injury claims can arise from many different situations. For example a straightforward claim could be made by an injured motorist against another driver following a road traffic accident.

In a more complicated example, a patient might bring a claim against a hospital trust following what they believe is a 'badly performed' operation where the person would be alleging clinical negligence.

To bring a successful claim for compensation, another party must be shown to be entirely, or to some degree, responsible for causing your injuries.

Even if you were partly responsible for the accident, you may still be entitled to compensation. In these circumstances the amount you will receive will be reduced.

If you are not sure if you have a claim or a third party is telling you that you are not entitled to make a claim, it is worthwhile to seek advice from an experienced professional with a proven track record. McKeowns Solicitors are highly regarded in the industry and are members of a number of accredited professional bodies including the Motor Accident Solicitors Society (MASS) and the Association of Personal Injury Lawyers (APIL).

For more information please email us, use the contact us page, or simply call 08000 328 328.

Broadly speaking there are two types of compensation: Special Damages and General Damages.

Special Damages

This refers to expenses and losses related to the accident which were generated between the accident and the date of the trial (or settlement). These are normally proven by documentary evidence such as estimates, invoices, receipts and statements.

Types of special damages:

• Loss of earnings
• Policy excess or repair costs to a vehicle
• Medical expenses e.g. physiotherapy and prescription charges
• Travel expenses
• Hire of an alternative vehicle

For further explanation, see the Special Damages page for more information.

General Damages

This is made of up two elements:

• 1. Damages for pain, suffering and loss of income - both past and future.
• 2. Future financial losses. For example, future loss of earnings, handicap on the labour market, future medical expenses and future care costs.

For further explanation, see the General Damages page for more information.

Duty to mitigate losses

An injured person, has a legal duty to take reasonable steps to minimise the damage he has suffered. For example, he is expected to undergo all reasonable recommended treatment that is expected to benefit the injury. He is also expected to return to work as soon as he is capable. Failure to take these steps may mean that a proportion of the damages may be deemed 'irrecoverable'.

Types of Special Damages

Special damages can include:

• Loss of earnings
• Pension loss
• Medical expenses
• Clothing and personal effects
• Costs of care
• Transport costs
• Aids and equipment
• Loss of domestic skills
• Accommodation costs

In road traffic accident cases, additional special damages can include:

• Cost of repairs or pre-accident value of vehicle (less its salvage value)
• Insurance policy excess payment/deduction
• Vehicle recovery and storage charges

Hire of a reasonable substitute, pending repair or replacement of the damaged vehicle

Compensation for 'pain, suffering and loss of amenity'

The assessment of general damages for pain suffering and loss of amenity has been described as "a skilled art that can only be mastered with practice" - Langstaff, Buchan and Latimer-Sayer, Personal Injury Schedules: Calculating Damages

Factors influencing the award will include consideration of :-

• the severity and duration of the pain suffered
• the speed of recovery and the prognosis
• whether the symptoms are permanent
• whether the injury has reduced life expectancy
• the treatment required
• the age of the individual
• whether the injury has exacerbated, or accelerated, the onset of another condition or illness
• the effect of the injury on the practicalities and enjoyment of the individuals everyday life, for example relationships, ability to work and look after himself, as well as the ability to engage in pre-accident hobbies and pastimes

Damages are calculated based on three factors:

• Guidelines set by the Judicial Studies Board,
• How courts have treated similar cases previously;
• Adjustments to take into account inflation/present day values

If you've been hurt or injured in an accident, choosing to make a claim can feel like taking a step in the dark. Many firms have slick advertising campaigns and pushy sales techniques which can make you feel pressurised. You might ask: How do I know what I'm entitled to? Who do I contact? How do I know I am using a reputable firm? Will I have to pay any costs up front?

McKeowns Solicitors are an experienced family business, with over 30 years experience, who can help you answer these questions and take your hand throughout the claims process.

Unlike Claims Management Companies, solicitors are subject to rigorous regulation by the Law Society. Solicitors are professionally qualified and only solicitors can represent you in court. This is extremely important if your opponent fails to offer the correct compensation and if it is necessary to start court action.

McKeowns Solicitors have an established track record and are members of a number of professional bodies, including the Motor Accident Solicitors Society and the Association of Personal Injury Lawyers.

Contact McKeowns with your queries.

• In general terms the time limit for making a claim for personal injury is three years from the date of the accident or illness which gives rise to the claim.
• In the case of a child, the three years does not start until the child's 18th birthday - but the child does not have to wait until then to start a claim.
• If you did not know at the time that you had been injured, or that you had acquired an illness, then the three years might apply from the date you first realised that you were injured or ill.
• In the case of criminal injury (e.g. assault) claims, the time limit is two years.
• In the case of accidents abroad, separate (sometimes very short) time limits apply and professional advice should be sought as soon as possible.

Accident claims - the importance of early investigation

To acheive the best possible outcome for our clients, it is our job to gather together as much evidence as possible about how the accident happened, and to do this as quickly as possible. This is why it is important to contact a solicitor early to seek advise on making a claim.

The types of details we will research include witnesses to what happened, their names and addresses. Obviously their memories of the event will be fresher in the weeks following the incident and it's important they are approached early for written statements which may support your case.

In the case of road or work place accidents, a road layout or factory machinery may be altered for example so it is important to take photographs or request reports soon after the incident.

In the case of slipping and tripping accidents, urgent photographic evidence is crucial incase the defect may be repaired so that it cannot subsequently be examined.

EXPERT TIP

If you have personal injuries, keep a daily diary of your symptoms with notes about how the injuries have restricted/affected your everyday life. Colour photographs of your injuries taken soon after the accident can also be of great help, at a later stage, in substantiating the nature of your pain and suffering immediately post-accident.

Whiplash Injuries

These are among the most common type of injuries to be caused following road traffic accidents.

When a vehicle is struck from behind, the body is knocked forward by the seat, while the head is forced back into 'hyper-extension'. This is followed, in short succession, by a snap forward into 'hyper-flexion'. Taken together, these movements give rise to the classic whiplash injury.

If the head is turned at the moment of the collision, the damage may be more extensive.

Similar injuries can be caused by front and side impacts, where the neck is rotated beyond its normal reach.

It is not unusual to for neck pain to develop until a few days after the accident, even if no immediate symptoms were apparent.

Early medical advice should always be sought and, if a treatment regime is recommended, this will very often be beneficial in reducing the duration and severity of the condition.

Fractures (Broken Bones)

Types of fracture

• Simple - where the soft tissues are not broken
• Comminuted - where the bone is broken into several fragments
• Complicated - where there is also injury to nearby organs or tissues
• Compound - where the skin is broken over the fracture and there may be infection
• Greenstick - where a child's bone bends and breaks on one side only rather than fully

Nature of the fracture

The break may be:

• Transverse - extending across
• Oblique - slanting away from the anatomical planes of the body
• Spiral - a fracture that has a helical or spiral form
• Fracture dislocation - a fracture across a joint which affects the joint surfaces

Post-Traumatic Stress Disorder (PTSD)

This is a specific stress-related anxiety disorder which can be a serious consequence of being involved in a traumatic accident.

The condition is described as having the following characteristics:

• Had recurrent and intrusive recollections, nightmares or flashbacks of the event;
• Persistent avoidance of things associated with the trauma, such as inability to recall an important aspect of the incident, avoiding activities that recall the trauma, feeling detached or estranged from others;
• Persistent symptoms such as difficulty falling or staying asleep, irritability or outbursts of anger, difficulty concentrating;
• Duration of the disturbance is more than one month;
• The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning.

Other anxiety disorders

Other, less serious, anxiety disorders can sometimes occur as psychological response to being involved in a shocking accident. These can be assessed by a medical doctor and your first point of contact in this case should be your GP.

The general distress, anxiety and upset felt by many accident victims is excluded from compensation if it is not identified as a psychological condition caused by the accident.