CAN I CLAIM & HOW?
If you have had an accident in the
last three years that was the fault of another person
or organisation and you have suffered injury as a result
of the accident, you have a potential claim.
Bringing a claim can involve
gathering both physical evidence and witness statements
to support a case. It is therefore important to start
your claim as soon as possible before evidence is lost
and memories fade.
Even if your accident was more than
three years ago you may still have a claim if you were
under 18 at the time. You should take legal advice upon
this.
Please contact us by clicking upon
the most convenient 'CLICK
HERE' button above to allow one of our specialist
qualified staff to assess your potential claim.
TYPES OF CLAIM
We specialize in Personal
Injury Claims and have experience in all types of claims,
including:
- Road Traffic
Accident
- Slipping / Tripping Accident
- Accidents At Work
- Accidents On Holiday
- Military Claims
- ROAD TRAFFIC ACCIDENT
All users of the road including car drivers, motorcyclists,
cyclists and pedestrians owe a duty of care to all other
users of that road.
If another person is in breach of this duty and causes
an accident resulting in injury, the injured person may
be able to bring a claim against the other road user.
The starting point with a road traffic accident is was
somebody
else to blame?
- SLIPPING / TRIPPING ACCIDENT
Local Authorities owe a duty to keep the roads
and pavements in their area safe.
If you have tripped over a raised paving stone or caught your foot in a pothole
or similar defect and fallen sustaining injury, you may have a claim.
The occupiers of buildings and premises have a duty to keep visitors safe from
defects when visiting or using their facilities. This includes public areas,
public buildings, shops, offices and private property, including houses. If you
have slipped or tripped anywhere causing injury, please contact us to see if
you have a potential claim.
- ACCIDENTS AT WORK
Employers owe a duty to take all reasonable steps to safeguard their employees
whilst they are working.
This includes providing safe machines and equipment to do the job, not asking
employees to do the unreasonable, providing appropriate training, providing necessary
protective equipment and ensuring the workplace itself is safe, including all
floors and stairs.
If you have been injured at work and believe your employer did not take all reasonable
steps to ensure you were safe, please contact us to see if you have a potential
claim.
- ACCIDENTS ON HOLIDAY
If you have been injured on a package holiday as a result of a problem
or defect at the hotel or an accident whilst travelling, you may have a claim.
The holiday operator has to ensure the accommodation and travel arrangements
he makes for you are of a satisfactory standard including any official excursions
on the holiday.
This applies to the hotel, its rooms and facilities, and any aeroplane,
coach or minibus provided during the holiday.
- MILITARY CLAIMS
We specialise in military claims.
If you are a serving or retired member of any of the Armed Forces and wish to
bring a claim against the Ministry of Defence for injuries suffered in service,
we will be able to help.
Please contact us by clicking upon the most convenient 'CLICK
HERE' button above to allow one of our specialist
qualified staff to assess your potential claim.
HOW LONG WILL IT TAKE?
This will depend upon whether your claim is defended and
how serious your injuries are. A simple case can be settled in 6-9 months although
cases with more serious injuries can take two or three years.
There are two factors that affect the speed of a claim.
First, there is blame. If the other party accepts their actions caused the accident
it helps. If not, we may have to gather evidence to prove our case and this can
take time. If the Defendant still fails to accept blame and the issue of proceedings
becomes necessary, it may be 2-3 years before a case comes to Court depending
upon the issues involved.
Secondly, the extent of the injuries can affect the speed of the claim. To
value a claim we obtain a medical report from a Consultant.
However, we cannot obtain this report until the injuries have settled and the
Consultant is able to put forward a long-term prognosis.
This may be possible within a few months with less serious injuries but if continuing
operations or treatment are required, it may be sometime before we can get final
medical evidence.
You can be assured that our aim is to progress your claim at every opportunity
and to bring it to an early and successful conclusion
HOW MUCH WILL I GET?
If your claim is successful you will
receive compensation for your injuries and reimbursement
of your financial losses and expenses arising from the
accident.
There is no tariff for injuries in the
English legal system and each award of compensation is
individually calculated depending upon the nature of
the injuries and how they affect the person claiming.
This can include the period of recovery,
the amount of medical treatment needed and whether there
will be any long-term effects of the accident.
We use medical consultants to prepare a report upon injuries and this forms the
basis of valuing the award.
Any expenses reasonably following the accident can be claimed.
This will include any lost earnings, medical costs, travel
expenses, costs of care and assistance during recovery, damage to property and
possessions and any similar expenses.
We seek to recover an interim payment towards these expenses at the earliest
possible stage where liability is accepted.
WHAT WILL IT COST?
We offer a FREE initial advice service. If you
have been involved in an accident and would like to consider bringing a claim,
please contact us.
We can then discuss the matter without cost or obligation.
If you decide to proceed, providing you co-operate with your claim, reply to
our letters and provide us with information to assist your claim when
requested, YOU WILL PAY NOTHING DURING THE CONDUCT
OF
YOUR CLAIM
WHATS INVOLVED
You may be asked for information concerning
the facts of your accident so that we can consider the
issues relating to liability. We may need to contact
witnesses and possibly arrange to inspect an accident
location.
We shall also need information about your
medical condition. We need to know the effect your injuries
have had on you so that we can determine what type of
medical evidence we need and when.
You will of course need to continue seeing your doctor
for any treatment.If we can show your injuries were caused
by the fault of another we will try to recover damages
to compensate you for the effects of the injury and for
any financial loss.
The first stage is writing to the
other person holding them responsible. They then have
to be allowed a reasonable period to investigate the
claim. Following this investigation they have to indicate
whether they are accepting or contesting the claim.
Their decision will determine if we have to issue proceedings
and possibly go to Court.
The first stage is writing to the
other person holding them responsible. They then have
to be allowed a reasonable period to investigate the
claim.
Following this investigation they have to indicate whether they are accepting
or contesting the claim. Their decision will determine if we have to issue proceedings
and possibly go to Court.
DO I GO TO COURT?
About 95% of cases settle without having to attend Court.
When we have concluded all steps to prepare your case
including getting any witness statements, obtaining a medical report upon injuries
and getting evidence to support financial losses, we will attempt to negotiate
a settlement of a claim.
If liability for an accident is accepted
then in accordance with the Court Rules, we must give
the other party the opportunity to settle the claim before
we begin Court proceedings.
If liability is disputed or we are unable
to negotiate a settlement, we may have to issue proceedings.
If that occurs then the Court will control the rate at which your case progresses
and the steps which must be taken, with the aim always being to proceed to Trial
as soon as is practical.
We will use our every endeavour to bring your case to a rapid conclusion, although
the timescale will vary depending on the type of case and what is in dispute.
Just because proceedings are issued it will not automatically mean a case goes
to Court. However, if a Trial is necessary in the last resort, you will have
to attend Court to give your version of events or to give evidence upon your
injuries.
CONTACT US
Phone: FREEPHONE 0800
10 77 321
Fax: 02392
857511
Email: Info@haywardbaker.com
Address: 3
Boyd The Admirals,
Gunwharf Quays,
Portsmouth,
Hampshire.
PO1 3AG
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