Accident Advice - McEwens Solicitors in Swindon

"Will I have to go to Court?"
"Isn't it a case of my word against theirs?"
"Will I be examined by experts who try and trip me up?"
"What does a medical examination entail?"
"Will I lose my DSS benefit entitlement should I be successful in my claim for compensation? "

The vast majority of claims for compensation are ultimately settled by way of voluntary agreement. This means that there is often no need for court proceedings to be issued and, if issued, it is only in respect of a small number of cases that a trial then takes place.

As the victim, you have to prove each and every item of the claim. To succeed in a claim for damages for personal injury you normally have to prove that you have suffered injury and that someone else was negligent. You have to show that on the balance of probability your opponent owed you a duty of care, that they breached that duty of care and as a result of the breach, damage was caused.

In order to do this you need to provide full details of the facts alleged against your opponent. Please refer to our guide “13 STEPS TO A SUCCESSFUL COMPENSATION CLAIM" (STEPS 1 & 2)

The majority of cases fall within the Personal Injury Protocol. This requires us to try to agree with your opponent’s representatives which expert should be instructed.

In the absence of agreement an expert can still be instructed on your behalf but in such circumstances the court may decided to appoint a joint expert instead. The number of expert witnesses that can be used is restricted in order to keep the costs of the claim “Proportionate to its value”

It is important that when you are examined by a medical expert you explain to him/her in detail the nature of your injuries , how they were sustained, how they were treated, how they affect your working life and how they affect your social/domestic life.

Once a report is finalised it will not be possible to amend it if anything relevant is omitted. You should also remember that in addition to being awarded damages for your pain and suffering you may be entitled to be compensated for your loss of enjoyment of life (“loss of amenity”) . The medical expert in his/her report will assess this.

In most cases it is likely that the only evidence from an expert will be the written report and that he/she will not give oral evidence at court, further, there is only likely to be one medical expert and, if the court permits it, one other non-medical expert witness allowed

The compensation recovery scheme operates to “Claw Back” any DSS benefits you have received as a result of your injuries from any relevant compensation your recover. The compensation recovery unit will tell your opponent and us how much benefit has been paid to you. Your opponent must withhold this amount from any relevant damages they agree to pay and forward it to the DSS.

The only damages that are exempt from this “claw back” are those awarded for your pain, suffering and loss of enjoyment of life.

If, as a result of your accident, you receive any means tested DSS benefits (or are likely to do so at some point in the future) your right to receive those benefits could be adversely affected by the receipt of compensation.

However, it may be possible to avoid that happening by having the funds put into a special needs trust,. If you think that this may affect you, ask us about this before you receive the compensation.