There are hundreds of thousands of insurance claims and employee worker’s compensation claims processed each year in the UK.

For some types of claims, such as damage to property claims, there are simple ways to determine the amount of compensation that the claimant should receive.

In other cases, such as pain and suffering claims and claims where the injured party may have partially at fault, it can be more difficult to determine precisely how much compensation the claimant is entitled to.

Claims for which a specific monetary figure for reimbursement can easily be established generally require very little in the way of compensation calculations. One example of this is claims where there is damage to actual physical property, in which case the compensation is equal to the value of the item damaged or destroyed. In most cases, the claimant is awarded replacement value rather than actual value, meaning that if a three year old computer was destroyed, the claimant will receive monetary reimbursement which is enough to allow for the purchase of a new computer of a similar model, rather than the actual value of the destroyed computer.

Awarding replacement value of the damaged item is a more fair method of compensation than actual value compensation, as it allows the claimant to essentially recover use of the damaged or destroyed items. In some instances, common injuries can be assigned a fairly standard compensation value. For example, hernia injuries are typically paid from £2,000 to £14,000, and whiplash injuries from £750 to £2,550. Another example of a more concrete loss for which compensation is easy to calculate is wage losses, although this category can get a little more complicated than straight property loss as possible future benefits, bonuses, and raises need to be calculated as well. In almost all instances, and particularly where past as opposed to future losses are concerned, judges will add interest to the monetary compensation that is awarded.

Unfortunately, the vast majority of claims which are lodged in the UK feature damages which are extremely difficult to put a concrete figure on. This may be because the claim is for something which is hard to define or which does not have a concrete value, such as ‘pain and suffering’. It may also be difficult to determine the amount of compensation awarded for a particular claim because there are so many different factors involved in each individual case. There are some calculators on the internet which attempt to put a specific figure on a claim, but there are so many variables that it can be hard to get much more than a ballpark estimate from these calculators.

Even when there are standard amounts and ranges of compensation for common injuries, the amounts can vary widely depending upon circumstances. For example, the standard compensation range for knee injuries ranges from £8,150 to £56,000, and for head or brain injuries the compensation can range from £1,300 to £165,500. Much of the time, compensation calculations are made independently by the judge who is hearing the claim. If the claim is settled out of court, then the compensation calculations are generally carried out and then negotiated and agreed upon by the personal injury solicitors from both sides of the process. In either instance, the judge or solicitors determine compensation based on an estimate of the claimant’s costs, including medical bills, lost wages, lifestyle changes, and any other costs incurred.

If it is determined, or the claimant admits, that the injured party was partially responsible for the damage or personal injury, their responsibility is considered as a percentage and the compensation awarded is reduced by that amount. To this number is added a reasonable amount for pain and suffering or other emotional distress. Both lawyers and judges arrive at these amounts based on prior experience and their knowledge of the details of the case, so if at all possible claimants should make certain that their representation is experienced in the specific type of claim being pursued. In this way, the claimant can ensure that he or she is getting the fairest possible compensation for the injury that he or she has suffered.

The news stories published on our website are done so for the interest of our visitors, stories we publish have been widely reported in the media. By us publishing a story on this website does not infer or suggest that Pinto Potts LLP Solicitors have any knowledge or involvement with cases or persons mentioned.

If you would like to speak to one of our personal injury Solicitors for free legal advice, call us now on Freephone: 0800 316 4434 or click here to make an online enquiry.

Making a claim for compensation is everyone’s civil and legal right. If you have been involved in an accident which was not your fault and suffered as a consequence then you may be entitled to compensation.

Personal injury claims are now feasible for anyone wishing to pursue a claim. ‘No win no fee’ or CFA “ Conditional Fee Agreement” is how you can finance a solicitor to take on your personal injury claim. The injured person should have no fee or legal costs to pay at all.

Any legal fees will be paid by the person or company responsible for the accident once the claim is successful. If the claim is unsuccessful then you will not be responsible for your solicitors’ fees. The only possible financial loss to you might be through extra expenses like medical records.

Obviously personal injury claims should only be made when an accident has taken place and suffering has occurred. There are many different ways a personal injury can occur. Quite a few accidents happen in the work place because of faulty equipment or machines that are over due a service.

Many people refuse to take out a claim on their employee for fear of loosing their job. This shouldn’t be a concern as if they did sack you would be able to sue them for unfair dismissal. Companies have insurance for any accidents their employees might have so it will not affect the companies’ finances.

Other types of personal injuries that are quite common are road traffic accidents. With more and more traffic on the road, accidents are becoming more common. Whiplash injury is one of the most common forms of personal injury. This injury occurs when a car behind you rams their car into the back of yours, this creates a fast forward jerk to the car and your body is thrown forward. You may get aching and pain in the shoulders, headaches, ringing in the ears etc. Some cases can be quite severe and the pain might linger for more than a few weeks. Some people might need to take time off work and this is where suing for damages might help recover some of the financial loss.

Claiming compensation for personal injury is not a lottery win. They should only be pursued when an accident occurs which caused pain and suffering. You will not be able to claim for near misses or for personal injuries that doesn’t really affect your life. Also just because you have been injured does not necessarily mean you will definitely get accident compensation no matter how good your injury solicitor might be. For a compensation claim to be successful you will need evidence from an injury specialist such as a doctor for the claim to even begin the process.

The news stories published on our website are done so for the interest of our visitors, stories we publish have been widely reported in the media. By us publishing a story on this website does not infer or suggest that Pinto Potts LLP Solicitors have any knowledge or involvement with cases or persons mentioned.

If you would like to speak to one of our personal injury Solicitors for free legal advice, call us now on Freephone: 0800 316 4434 or click here to make an online enquiry.

Before finding a solicitor make sure you are aware of the nature of your legal problem. If you find a solicitor who you think might be appropriate, verify his/her experience and skills in dealing with your type of case.

You could use internet directories to search for a solicitor, most of these directories describe the firm rather than an individual solicitor. However you can get details on individual solicitors from the Law Society website. This site shows the area of expertise and experience of individual solicitors, and is searchable by location.

Once you have found a solicitor with relevant experience it can be a good idea to check whether he/she provides a free initial interview. This gives you the opportunity to talk to them and for you to judge whether they are a good choice.

Please specify any necessary services you may need when you make an appointment with the solicitor. For instance if you have any disability or you need an interpreter.

Before the initial interview, get together any significant letters, evidence, pictures or other papers regarding your legal matter. If you can't decide which are the most relevant, bring them all. Prepare a list of questions on the advice that you need and information that you want to know and bring it along to the meeting. During the initial interview, don’t be afraid to ask all that you want to know. The solicitor is there to help you and work out the best interests for you. It is important to keep in mind that the legal advice you receive will be based on the accuracy and completeness of the information you provide to the solicitor.

Before you have instructed a solicitor to act for you, ensure you find out about the method she/he uses to charge for the service. Solicitors do not always charge a fixed price for a case. In fact, they more often charge according to the time they spend on the overall case or on a no win, no fee basis However, they should be able to advise you of the estimated cost and the expected time period your case will take.

Once you have appointed a solicitor it’s also your duty to keep in touch with him/her. Do not hesitate to request a progress report by letter, phone or face to face. Any letters, new evidence, actions which might affect your case you should present to and discuss with your solicitor.

If you’re dissatisfied with your present solicitor, speak to him/her first and explain your concern. Or you may want to try the firm’s complaints procedure. Normally, this involves taking your complaint to a partner in the firm who will investigate your complaint.

The news stories published on our website are done so for the interest of our visitors, stories we publish have been widely reported in the media. By us publishing a story on this website does not infer or suggest that Pinto Potts LLP Solicitors have any knowledge or involvement with cases or persons mentioned.

If you would like to speak to one of our personal injury Solicitors for free legal advice, call us now on Freephone: 0800 316 4434 or click here to make an online enquiry.

Below are some examples of our recent successful claims

1. Mrs. K.
Pinto Potts acted on behalf of Mrs. K from Southampton who sustained a serious head injury in an accident at work on the 4th of July 2001. Mrs. K. walked into an open window and sustained a serious blow to her head. She severed a nerve in her forehead and as a consequence suffered frighteningly severe migraine headaches on a frequent basis. As a result of those headaches she would often have no choice but to stay in bed for days on end and reduced her working hours in a Call Centre.

Her employers admitted responsibility for the accident but were not prepared to negotiate settlement of her claim. Her employers made her an offer of £9,500.00 in full and final satisfaction of her claim and then refused to negotiate thereafter. Acting under a No Win, No Fee Agreement Mrs. K took her case all the way to Trial in Southampton County Court in December 2005, where she was awarded compensation by the Court of £73,492.16.

Pinto Potts acted on behalf of Mrs. K. under a No Win, No Fee Agreement and she had no deductions whatsoever from her compensation and she received the full amount.

2. Mr. B
Mr. B. of Epsom was an ambulance technician who was involved in an accident on the 9th of December 2001 when the motorcycle he was riding was involved in a collision with another car. Liability for the accident was admitted by the other drivers Insurance Company at an early stage. Mr. B. decided to represent himself and the other drivers Insurers who were Norwich Union helpfully arranged for him to have physiotherapy. However, when they started talking about settlement of his claim he decided to take independent legal advice and instructed Pinto Potts. We arranged for Mr. B. to see a Consultant Orthopaedic Surgeon who determined that he had suffered a short term injury to his shoulder from which he made a full recovery within 3 years but a long term injury to his right knee from which he would be likely to experience symptoms indefinitely.

Ultimately the parties were unable to reach an agreement as to the value of the claim and Mr. B. issued Court proceedings. Norwich Union Insurance on behalf of the other driver made an offer of compensation of £8,300.00, which Mr. B. rejected. Norwich Union decided they were not prepared to negotiate and allowed the matter to proceed to a Court hearing in December 2005. Pinto Potts represented Mr. B. at that Court hearing where he was awarded compensation of £10,791.00 plus his legal costs.

Pinto Potts acted on behalf of Mr. B. on a No Win, No Fee Agreement and, Mr. B. received the full amount of his compensation without any deductions.

3. Mr. P.
Mr. P. worked for ICI Chemicals in Liverpool between 1969 and 1990. During the course of that employment he was exposed to constant high levels of noise without any provision of hearing protection from his employers. Pinto Potts argued that ICI knew that exposure to noise levels in excess of 85 decibels for long periods of time was likely to cause permanent levels of hearing loss and this had been known to them since around 1963.

Pinto Potts pursued a claim on behalf of Mr. P., which resulted in Mr. P. accepting an offer of compensation of £9,000.00 in February 2006 plus his legal costs without the need to issue Court proceedings.

If you would like to speak to one of our personal injury Solicitors for free legal advice, call us now on Freephone: 0800 316 4434 or click here to make an online enquiry.