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4 Key Questions You Should Ask Before Bringing Your Road Traffic Accident Claim

Friday, September 8th, 2017

Being involved in a road traffic accident is likely to be a traumatic experience, even if you walk away relatively unscathed physically the shock of such an event can leave you with psychological wounds that require treatment to heal properly.

Suffering an injury, either physical, physiological or both, can have a devastating effect on your life. Your injury could prevent you from working, either short term or long term, it could make hobbies you once enjoyed impossible, and it could have a negative effect on your relationships with friends and loved ones causing them to either become damaged or break down completely.

There is no way to estimate to effects that a road traffic accident can have on you, and while bringing a claim won’t change the fact that the accident has happened and you are living with the consequences, it can make those consequences easier to manage. Bringing a claim can help you support yourself financially while you get back on your feet, it can bring you closure on a traumatic part of your life, and it can help you find (and afford) treatment options that you were previously unaware of.

However, a claim is not something that should be started lightly; you should carefully consider the pros and cons of bringing a claim, as well as your likelihood of success.

If you are confident you would like to bring a claim then it can be difficult to know where to start, how do you get the ball rolling? Should you go it alone or get a solicitor? What should you be considering before starting a claim?

This article demonstrates four of the key questions you should be asking before you begin your claim to help you make the right decision for you.

Number one: Who was at fault for your accident?

To successfully bring a claim, you must prove three elements. That the Defendant ( the person you want to claim against) owed you a duty of care, that they breached that duty, and that their breach caused you an injury.

If the Defendant was another road user, e.g. a driver or cyclist then they will owe you a duty of care, you will not need to establish this as it is accepted under the law that all road users owe each other a duty of care.

You must next prove that the Defendant breached that duty of care. This means you must prove that it was the Defendant’s fault the accident happened. The easiest way to do this is either by collecting the police accident report (if the police attended the accident they would have produced a report which establishes who they believe was at fault), through dash cam footage, through CCTV footage if it is available or through witness statements.

If the accident was not the Defendants fault, then you will not be able to claim against them. Despite what a lot of adverts say having an accident is not enough to bring a claim, it must be someone else’s fault. It cannot be a genuine accident where no one was at fault, and it cannot have been your fault for you to successfully claim against a Defendant the accident must have been caused by them, at least in part. If there is more than one person at fault, e.g., both you and the Defendant are partly to blame, then you can still bring a claim but any compensation received will be diminished based on the percentage you are found to be at fault.

e.g., if the accident is 80% the Defendants fault and 20% your fault and the case settles for £10,000.00, then you will only receive 80% of £10,00000 as you were partly (20%) to blame.

Number Two: Do you want to bring a claim yourself or go through a solicitor?

If you bring your claim via a solicitor, then you will gain the advantage of having a seasoned legal professional or a team of legal professionals on your side who will run your claim from start to finish. A lot of solicitors will take a road traffic accident claim on a No Win No Fee basis; this means if you are unsuccessful you will not have to pay legal costs. Although you could still be liable for disbursements, disbursements being anything the firm has had to buy to move your case forward, e.g. copies of your medical records, and a medical report. If you win, you will have to use a percentage of your compensation to pay your solicitors. The legal costs in cases like this will be limited to usually 25% of your compensation.

If you bring the claim yourself, then you will have to do all the work yourself, and you will likely be going up against the Defendant’s insurers legal team which can be daunting. You will also have to pay any disbursements out of your pocket as and when they arise and then possibly be reimbursed for them later if you win.

However, if you are successful, you will keep 100% of your compensation.

Number Three: Do you use your insurer’s solicitors or find one yourself?

If you have car insurance, then you may be covered for legal claims and your insurer may run the claim for you using their own in house legal team. This can reduce stress for you as it means everything is taken care of for you and you do not usually have to worry about paying any disbursements if your claim is unsuccessful. However, you will never meet your legal team unless you go to court. All contact is likely to be done by email and over the telephone; you may not have a single claim handler but a team which could mean you talk to a different person each time you phone, although this depends on the company.

If you choose your solicitors, you can pick a firm local to you so you can physically go in and see someone. You can build a relationship with that person and deal with them throughout the process. You can physically drop in when you have questions and or documents you wish to provide.

Neither of these options is more qualified than the other, and it is your decision based on your preferences on how you wish to proceed.

Number Four: What funding options are available?

Most claims involving Road Traffic Accidents can be dealt with by a No Win No Fee Agreement, where should your case be unsuccessful, you will not have to pay any legal fees, but if you are successful, a portion of your compensation will go to the solicitor in legal fees.

You may be able to bring your claim using an existing insurance policy. Your Certificate of Insurance or Policy Schedule will usually state if your car insurance includes a legal expenses policy.

Using your existing insurance policy to bring your claim has an obvious financial advantage, being that it removes the risk from you regarding the need to pay for disbursements. The insurance company will cover your legal fees for your claim if you lose your case. Some insurers will not charge you the 25% if you are successful, but some will, make sure you clarify this with them before agreeing to let them run your claim.

If you are a member of the Trade Union or other similar organisation, they may cover the cost of your claim and may have their solicitors whom they can instruct on your behalf.

Lastly, you can self-fund a claim either by paying a solicitor privately or by running the claim yourself. If you decide to pay a solicitor privately, they then will submit monthly invoices to you, which you will then have to pay. It is likely they will also ask for a sum on account of work and disbursements.

If you decide to run your claim yourself, you will be required to pay the costs of the case as it progresses. This means paying the solicitor fees and disbursements that arise when they arise. You should discuss hourly rates and how many hours worth of work your case will involve with your solicitor. Keep in mind this is the most expensive way to run this type of case, and it will not be cheap. You could end up paying out more in legal fees than you receive in compensation.

BONUS QUESTION!

Was a friend with you in the car? Can you claim together?

While it won’t necessarily help or hinder your claim, having a friend to claim with can provide you with a unique support network. It will also give you someone to discuss matters with to help you recall events and give a voice to your concerns and thoughts.

In conclusion, deciding to bring a claim is never an easy decision or one that should be made lightly. It should be given much thought, and you should consider whether or not you have a valid legal claim, how you will fund your claim, and how you will progress your claim. If you are unsure about any of these elements a lot of solicitors offer a free advice session. Many firms will use a free advice session to assess whether or not you have a claim.

The Men and Women Of Purpose And How They Set Objectives And Goals

Friday, September 8th, 2017

These days there’s a mad rush to be purpose owned and a life worth living. I whole-heartedly agree, it is better to be function and purpose driven than going in reverse or stuck in neutral.

Why would I be content to be simply purpose driven and not living a life worth living?

I think the real factor the majority of people are all right with being just function driven is since they do not know how to recognize their real function for existing or exactly what purpose implies when it connects to people.

If you’re reading this article, this is the day that was produced for you to start living a life worth living with a purpose.

The (buzz) word function can be substituted for a number of words, some of which might be: factor, objective, intent, use, concept, goal, aim, decision or function.

In my experience and viewpoint, a purpose is the reason why you exist to fulfill a particular job or a career that you can satisfy at a particular time and season here on the earth.

The majority of people live out their lives satisfying their call, not their function or purpose.

Happiness is obvious when you are fulfilling your function, there are numerous other essential VIRTUES that will accompany happiness. How do we start to find what our function remains in life?

Why are we here?

Like everything else in life, finding your purpose, starts with finding and understanding of who you are. Understanding one’s self is a process that many people disregard or choose not to go through.

Comprehending who you are in addition to self-examination and evaluation is the start of determining your function. It is very important you get a mental picture of exactly what you appear like living a life worth living and your purpose now.

I believe one of the most powerful forces in the universe is love and another is our capability to choose our own ideas.

A single action is derived from a thought.

One of my favorite phrases is, “The me I see, is the me I’ll be.”

In other words, I must begin to see myself as I want to be and not as I am.

As soon as you can psychologically see yourself living your function, those extremely ideas and images you have about yourself will began to draw the preferred thought patterns and habits into your life that will produce exactly what you want.

Finding Your Life’s Purpose

If you want to find your purpose, figuring out to have a life worth living is critical. Another crucial area for determining your purpose is finding the spiritual part of you.

And as you continue on the path to living your function, don’t forget to mentally see yourself a living a life worth by being of the men and women of purpose.

The Course in Miracles is more ways than one asks us why, “What is it that provides you a burning desire to be of the men and women of purpose?”

If you are driven with passion to do certain things and you are actually focused on these things as well as get terrific fulfillment and enjoyment in doing them, then you might have identified your function in life.

In addition to establishing relationships and serving others, you need to likewise master the art of effective interactions and setting boundaries. Learning the best ways to efficiently communicate in all of your relationships will enable you to effectively set goals.

Setting goals will bring and give you the regard to have long, lasting and successful relationships. These very same limits will also assist you in accepting and appreciating the limits of others, and keep your relationships healthy.

Goals and objectives

You are now all set to begin living a life worth living, by re-evaluating and developing your goals and objectives as soon as you are confident in your relationships.

An objective can be the same as a purpose, but try looking at objectives as a summary of accomplishments to your course.

Let goals be nothing more than categories and sub-categories of the outline you have created.

Taking Action

With this very same overview, now you can start to plan your success of accomplishing these objectives and goals by taking action.

The Course in Miracles helps us see that, Discovering your purpose in life and living a life worth living is not a complex ordeal.

It does however require a commitment and commitment on your part to change yourself from within to your external world from a purpose offered into a life worth living.

And as you continue on the path and the many branches in the road, don’t forget to always be mentally seeing yourself as of the men and women of purpose.

To your life’s purpose,