Road Traffic Accident
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Road traffic accidents (RTA) are the most common cause of accidental injury today, and there is a significant possibility that you or a member of your family could be injured in a road traffic accident at some time during your life.
It is important that you should know your rights and what to do when involved in a road traffic accident, regardless of whether any prosecution took place following the accident, or whether you suffer immediate consequences. The level of proof required for pursuing compensation is lower than that for criminal conviction, and some injury symptoms may not appear for some time afterwards.
You should consult a solicitor who is a specialist in road traffic accidents as soon as possible after the accident, while details are still fresh in your mind.
Can I pursue a claim for injury resulting from a road traffic accident?
You are entitled to claim for compensation if you are injured in a road traffic accident where someone else was at fault. If the driver of another vehicle was responsible for the crash, or you are a passenger in a vehicle whose driver was to blame, you may claim. Similarly, if you were riding a bicycle responsibly and were hit by a vehicle whose driver caused the accident, you may also claim.
Compensation Settlement for Injury
How is a compensation settlement arrived at?
A compensation settlement for injury consists of two parts. The most immediately obvious effects of your injury are covered by a settlement for “General Damages”. This part of your compensation settlement covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your settlement will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your settlement involves financial loss or additional costs. Under this heading will come a settlement for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for a compensation settlement?
If you are to win a settlement, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded a compensation settlement.
Will a pre-existing condition reduce my injury settlement?
On the contrary, the settlement awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.