Personal Injury/Accident Claim

More than 3 million people are injured in accidents each year on the road, at work, in public places and elsewhere. In many of these cases the accident was the fault of someone else and in these cases we can ensure that the accident victim is fairly compensated for the injury itself and any financial loss, including loss of earnings, which arises as a result.

Garden House Solicitors' Personal Injury Department have experience of dealing with a wide range of injury cases ranging from road traffic accidents where the injured person has suffered injuries ranging from minor to severe injuries to accidents at work including complex injuries. Types of cases that we can help you with include:

Road Traffic Accidents

Road accidents are the most common cause of injuries. Our team of Personal Injury Experts can help clients who have suffered injury in a car accident. We act for all road users:- drivers; passengers; cyclists; motorcyclists and pedestrians. We have experience of dealing with a broad range of injuries from whiplash injuries to severe brain injuries and fatalities.

Accidents at Work

Our Personal Injury Team have acted for many clients who were injured in accidents in the workplace. Clients are often wary of making claims against their employer and our team is sensitive to their worries and can guide them through this process. Employers are obliged to ensure that employees are safe in the workplace and they are insured for circumstances when an employee is injured as a result of their failing to fulfil that duty.

Accidents in Public Places

Examples of such accidents include tripping on defective pavements, and injuries caused by slipping in public places. The Health and Safety Executive estimates that 95% of major slip and trip cases result in broken bones. Very often the injuries sustained in such accidents have adverse consequences for life. All public and private organisations owe a duty of care to ensure that all visitors to their premises are safe and they are required to have public liability insurance. Local authorities are also under a duty to ensure that pavements and public highways are in a safe condition for public use.

Injuries to Children

Whether the child has had a minor accident or has suffered a serious head injury, the impact will be felt throughout the family. It is worth bearing in mind that making a claim for a child who has been injured differs from the process for adults. For example, a child has three years from the date of his/her 18th birthday to bring a claim against a proposed Defendant, and in most cases, the Court needs to approve a child settlement.

Children are owed a higher duty of care than adults which means that there is often a case for compensation in children's accidents where an adult would not be able to make a successful claim. In dealing with children's accidents in the home, in public places, on the road or in the care of a trusted professional, we recognise the child's vulnerability and the particular duties owed by adults to them.

Head Injuries

Accidents involving a head injury are among the most common in our society, about 1 million people a year suffer head injuries. Head injuries can range from relatively minor damage to the scalp and face such as lacerations, abrasions and bruising, to more serious consequences involving damage to the brain.

Minor head injuries can occur with minimal or no brain damage, and although traumatic brain injury occurs less often, it is important to know how it is identified and what to do for the injured person. Garden House Solicitors believe it is important that someone who has suffered a brain injury receives the appropriate rehabilitation treatment to help them lead a normal life. Rehabilitation is the process of change through which a person with brain injury goes through in order to regain former skills. Rehabilitation will help a person with a brain injury reach the highest level of independent functioning possible. In the first six months of rehabilitation the greatest amount of visible progress occurs and progress can continue for many years. Because the brain is very complex every brain injury is different, so is the recovery.

Even moderately severe brain injury can attract substantial awards. The injured person can also claim for all reasonable financial losses arising as a result of the accident including a claim for past and future financial loss, including lost income.

Fatal Injuries

Garden House Solicitors can offer sympathetic advice to relatives of those who have been fatally injured in an accident and can pursue compensation for the dependants and those entitled to the Statutory Death Payment. The law in this area is complex and we will give you free advice as to whether you are a dependant in law and if you are entitled to make a claim against the person/body responsible for the accident. The statutory payment of £10,000.00 is payable to the spouse of the deceased or the parent of a minor who is fatally injured.

Criminal Injury Compensation Claims (CICA)

If you have been the victim of an assault, you are entitled to make a claim to the Criminal Injuries Compensation Authority (CICA). This is a fund of public money available to compensate innocent victims of crimes of violence. The awards made are to reflect public sympathy.

To make a claim, you are required to complete a CICA application form and submit the form to the CICA.

Garden House Solicitors will assist you in completing the application form, but because the CICA does not pay legal costs a small fixed fee of £50.00 plus VAT will be charged to you for this service. You may prefer to seek assistance with making a claim from the CAB or Victim Support who can provide this service free of charge. Alternatively, you can complete the application online at www.cica.gov.uk.

The CICA will then make investigations and once they have obtained all the information they need, they will make an offer of compensation. The awards are made in accordance with the CICA tariff scheme.

An application must be submitted within two years of the crime of violence taking place, although it is possible, in certain circumstances, to request that the deadline be waived.

Victims of Terrorist Attack

Victims of terrorist attack are entitled to claim a claim for injury and trauma suffered. Relatives of people fatally injured in terrorist attacks may also be entitled to claim compensation.

Claims are made to the Criminal Injuries Compensation Authority (CICA) which is a Government body set up to compensate innocent victims of violent crime.

Patricia Ling has acted free of charge for victims of the bombings in London on July 7th 2005. Garden House Solicitors will handle your claim with sensitivity and understanding. Garden House Solicitors will not charge for representing victims of terrorism.

Claims to the Criminal Injuries Compensation Authority have to be made as quickly as possible as unless the claim is made within two years of the injury it will usually be struck out.