WARRINGTON- PERSONAL INJURY SOLICITORS 01942-665700

WARRINGTON- PERSONAL INJURY SOLICITORS 01942-665700

At Faircloughs we have an accredited SENIOR LITIGATOR AT THE ASSOCIATION OF PERSONAL INJURY LAWYERS MARK JOHNSON A SOLICITOR AND PARTNER AT THIS PERSONAL INJURY PRACTICE.
CALL MARK 0N 01942 665700 FOR YOUR NO WIN NO FEE CLAIM ADVICE.
OFFICES IN GOLBORNE SERVING WARRINGTON PEMBERTON IN WIGAN AND WE ACT FOR PERSONAL INJURY CLIENTS THROUGHOUT THE NORTH WEST.

Q&A
Why don’t injured people just ‘get on with it’?
The effect of an injury on an individual should never be underestimated.
Even a minor injury can be very painful and can disrupt someone’s life if only on a temporary basis. Someone with a fractured wrist, for example, might not be able to drive while the bone heals, which has an impact on work and social life and can incur expenses. He or she may not be able to play sport, or play with children or grandchildren. Basic tasks, such as washing hair, can suddenly be challenging. Imagine simply putting up with this, when someone else’s negligence has caused it, and when you have a right to help and redress. Also, it is not fair that the State should pay when people are out of work or need physiotherapy when the person who caused the injury has an insurance policy in place to cover the cost of personal injuries.

The impact of a catastrophic injury, such as losing a limb, probably seems obvious to most people. But as well as funding care, rehabilitation, and covering financial losses, an injured person is compensated for the unquantifiable losses of pain and suffering. For some, life as they know it is changed forever because of their injuries.

Jane McBennett, a clinical negligence specialist, had a client whose knee replacement surgery was performed negligently. The only way to resolve the damage was to amputate his leg above the knee: “This was a person who enjoyed working and had a nice lifestyle. You can just imagine how they felt to suddenly find themselves in this position where the world is an uncertain place. They were faced with losing their job, their hobbies and their stability.”

I’m injured. Can I be compensated?
Not necessarily. There is a signifiant diference between an injury caused by an accident which could not have been avoided, and an injury which could have been avoided had it not been for someone failing to take proper care. Injured people only have a right to compensation when thy have been injured by negligence.

By the way, you never ‘win’ compensation. No-one who is suffering because of someone else’s negligence would think of themselves as ‘a winner’.

What is needed for a claim to be successful?
It must be determined who can be held responsible for causing your injury and that they were negligent. This is establishing ‘liability’.

In some cases, liability can be difficult to prove. Part of your lawyer’s job is to prove that the person or people who caused your injury were negligent and also that they are legally answerable for your injuries.

It must also be proven that the negligence caused the injury. This is called ‘causation’. Causation is usually obvious. For example, if you fall from height and have a broken back aferwards there is little room for doubt that the event and the injury are connected. But sometimes the extent to which the negligent act caused the harm can be called into question, such as if the injured person has a pre-existing medial condition. In workplace disease cases it can sometimes be difficult to prove that the illness was not contracted elsewhere.

Once liability and causation have been established the amount of compensation, or (damages) is addressed.

How is compensation calculated?
It is a very detailed process. Two people with the same injuries, even if caused in the same incident, will almost certainly receive different levels of compensation because they will have separate individual needs. An injury can affect different people in different ways. This could be down to age, ability to earn and pay the mortgage and other factors including family life. An injured person may have responsibilities for children, or other family members, which cannot be fulfilled as a result of the injury and for which he or she needs to be compensated. This is why judges oversee compensation payments in most types of personal injury case, to ensure the damages are fair and reasonable.

Why are injured people compensated with money?
“Money in itself is not something which can replace adequately what has been lost, in terms of the ability to do some of the things you could do before,” says APIL executive committee member Suzanne Trask. “But it does make some things easier”.

Personal injury law exists to help put an injured person’s life back to where it was before a needless injury happened.

“Often, we are limited to achieving that through money,” Suzanne explains. “But also rehabilitation is available to help them to get better at the same time”.

What should I do if I am injured and want to claim?
“Make sure your lawyer is a specialist in personal injury. Finding a decent lawyer is the first challenge,” says APIL executive committee member Colin Ettinger.

He explains: “Lawyers can operate in all areas; the job isn’t always distinctive like it is for doctors. You wouldn’t have a neurosurgeon repairing a broken leg, whereas I have never done a conveyancing job in my life, but there’s nothing to stop me from doing it.

“It really comes down to making sure your personal injury lawyer has the relevant accreditation and is experienced. Injured people need sophisticated legal advice”.

At Faircloughs we have an accredited SENIOR LITIGATOR AT THE ASSOCIATION OF PERSONAL INJURY LAWYERS MARK JOHNSON A SOLICITOR AND PARTNER AT THIS PERSONAL INJURY PRACTICE.
CALL MARK 0N 01942 665700 FOR YOUR NO WIN NO FEE CLAIM ADVICE.
OFFICES IN GOLBORNE SERVING WARRINGTON PEMBERTON IN WIGAN AND WE ACT FOR PERSONAL INJURY CLIENTS THROUGHOUT THE NORTH WEST.

APIL 2021

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