Personal Injury

We are able to undertake personal injury claims, whether arising out of a road traffic accident or an accident at work or otherwise (e.g. a tripping claim).

There are standard procedures laid down in Court rules, for the conduct of such claims.

Liability and Quantum

In a standard accident case, there are always two possible issues that may arise. These are liability (who is responsible for the accident) and quantum (how much compensation should be paid).

Once funding for a case has been organised, a claim letter has to be submitted to the other party or, as is often the case, the other party’s insurer. The letter will set out the full circumstances of the accident and the basis on which the other party is being held liable.

The other party or the other party’s representative will then have three months in which to investigate the claim and to confirm in writing and on the record whether liability is admitted. If liability is denied or only partial liability is admitted (in some cases it is argued that the claimant has contributed to the accident, which then reduces the value of the compensation by the degree of, what is known as, contributory negligence), the letter must go on to explain, in detail, the reasons for the denial of liability.

Once liability has been established (and in cases of denial of liability, we would sometimes advise you to issue proceedings to obtain a decision from the Court), the next issue to be resolved is quantum.

Where any injury claim is involved, this requires the obtaining of a detailed medico-legal report, which should almost always be from an independent consultant, with expertise in the area of injury concerned. In large personal injury claims, account must be taken of the potential cost of having to care for the severely injured party, for the rest of their lives.

Death and Mental Incapacity

In fatal accident cases or where there is mental incapacity, somebody will need to be appointed as the representative for the deceased or the injured party, in the proceedings. Onions & Davies will then act for and advise that representative, who is often a member of the family.

In fatal accident claims, this advice often involves a possible substantial dependency claim on behalf of the deceased’s dependents and sometimes attendance at an inquest.

Where compensation is received for injured parties who are unable to look after the money themselves, we would give advice regarding appropriate trusts.

Sometimes, a probate application will need to be made, or advice will need to be given about Powers of Attorney or the involvement of the Court of Protection. Our personal injury solicitor will work closely in these circumstances with our private client solicitors to provide a complete service.

Road Traffic Accidents

In road traffic cases, where the claim is worth between £1,000.00 and £10,000.00, all cases now have to be conducted on-line in a specified manner. This is intended to speed up standard cases.

It will frequently be the case that your motor insurance will provide cover for legal claims in these circumstances. In such a case, the motor insurer will almost certainly direct that you should consult the insurer’s solicitors, if they wish to take advantage of the insurance cover. This is, at least, until the point of issue of Court proceedings, at which point, you become entitled to nominate your own choice of solicitor.

Costs and Insurance

In an appropriate case, arrangements can be made for the claim to be conducted with the benefit of what is known as “after the event” insurance, which will be backed by an agreement in writing between you and Onions & Davies, known as a Conditional Fee Agreement (CFA).

That agreement will, in essence, provide that you will be liable for our costs, only if the claim is successful. In that event, however, those costs will normally be recoverable from the other party. In the event of the claim not being successful, you would not pay any costs to Onions & Davies. If you were ordered to pay the other party’s costs, those costs would be met under the insurance policy.

There will be a premium to be paid for the policy but that premium is recoverable, on a successful conclusion of the case, from the other party, provided that the premium is reasonable. If the claim is not successful, then normally the insurance policy will cover the cost of the premium so that the losing client should not be out of pocket.

This is a somewhat over simplified statement of the position, but we will always give full advice at the outset of any potential claim.