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Resolving Your Personal Injury Case

A personal injury case occurs when a situation results in injury or damage to an individual and/or their belongings as a result of neglect. Personal injury is most often associated with a car or automobile accident. If the car accident involves a negligent driver resulting in loss or damage to another on the road, a personal injury settlement is in order. The money most often comes from the insurance agency of the person accused of neglectful behaviour.

However, personal injury cases could involve any kind of accident, not just those involving cars. A personal injury case can include slipping and falling or getting bitten by somebody’s pet dog, for example.

A personal injury settlement happens mostly outside court. But in some cases, depending on the nature of injuries or damage, the case might even go to court where a lawsuit may be filed and a personal injury lawyer is hired to fight the case in a professional capacity.

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Resolving Your Personal Injury Case
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Had a car accident?

In the year 2017, online reports noted that deaths by motor vehicle crashes had gone up by 46% when compared to those in the year 2013. Whether it is due to higher volumes of vehicles on the roads, worsened adherence to driving rules, or simply poorer attention levels, the fact remains that this is a huge increase.

Car accidents and personal injury are linked.

A car accident where you suffer injuries due to no fault of yours is legal grounds for a personal injury case. Personal injury cases are filed when there is injury or damage suffered as a result of somebody’s negligence or lack of adequate care. Car accidents and personal injury often go hand in hand because in some states, auto insurance needs to include a personal injury plan or PIP. This is also called no-fault coverage where regardless of whose fault it is, some amount of the medical costs of people affected in the insurance holder’s car will be taken care of by the insurance company.

Car accident and the personal injury claim

If you, or someone you know, is involved in a personal injury claim, there may be a limit or cap on when someone could sue. Further, if the no-fault clause is in force, those intending to file a personal injury claim will need to work alongside the insurance company when seeking any kind of compensation.

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Negligence Claim?

One of the most frequently asked questions we receive is, ‘How much compensation can I claim for professional negligence?’

In most instances it is pretty straightforward to identify the amount of compensation that is likely to be recovered in a successful professional negligence claim. The calculation is primarily based on the financial loss that has flowed directly from the actions of the wrongdoer.

So, if for example a solicitor misses an important time limit and your case is struck out as a consequence, then you will claim compensation for the financial losses you have incurred as a direct result of the solicitor’s carelessness. This will usually be the value of the case that has been lost, together with any wasted legal costs.

But sometimes, the compensation people want to claim can give rise to more difficult legal issues. Under English law for instance, compensation cannot be claimed for loss that is deemed to be too ‘remote’ from the error or not ‘reasonably foreseeable’.

If you are left wondering, ‘How much compensation can I claim for professional negligence?’, then you are very welcome to call our free legal helpline. Our specialist professional negligence solicitors will be happy to give you guidance on the compensation that can be claimed in a particular scenario. While it is not always possible to identify a precise figure right at the outset, it is usually possible to establish the basic legal principles that will apply and use them to offer an informed estimation of what the compensation is likely to be.

The principles of ‘remoteness’ and ‘reasonable foreseeability’ can give rise to very complex legal disputes.  It can be difficult for someone who is not legally trained to appreciate the nuances. Indeed, even some solicitors struggle with the concepts. In the remaining part of this article we will look in greater detail at the difficulties that can arise, with particular emphasis on a recent court decision that is set to impact directly when anyone asks, ‘How much compensation can I claim for professional negligence?’

At the heart of many disputes over the level of compensation that can be recovered is the “SAAMCO” principle, named after a 1996 case which said that:

“a person under a duty to take reasonable care to provide information on which someone else will decide upon a course of action is, if negligent, not generally regarded as responsible for all the consequences of that course of action. He is responsible only for the consequences of the information being wrong.”

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