CLAIMS – AN INTRODUCTION
There are many types of claims I can handle and which all must include some personal injury (general damages award/settlement must be £1,001.00 or above) and including:
1. Road Traffic Accidents
2. Cycling accidents (payout can take longer)
3. Accidents at work (payout can take longer)
4. Slipping and tripping (payout can take longer)
1. ROAD TRAFFIC ACCIDENTS
Road traffic accidents could be caused by the driver:
- Driving too fast
- Not keeping a lookout
- Not braking fast enough or at all
- Not leaving enough stopping distance
- Ignoring traffic signals or road signs
- Not controlling a vehicle properly.
If the client has been involved in any type of accident involving a car you must advise them to report it to the police within 7 days of the accident. This is very important as if the car driver is uninsured as there are close to 2 million drivers without insurance to cover them if they hit someone or cause damage to another vehicle.
A claim can be made to the Motor Insurers Bureau if the driver is uninsured
Even if the driver is untraced (perhaps the car is stolen) then a claim can still be made to the MIB.
Who can claim money for a road traffic accident?
I can get money for:
- Our car driver
- Passenger (a passenger will always win his claim in full unless not wearing seat-belt or knew the driver was uninsured or drunk)
- Motor cyclist
- Pedal cyclist
There is a new procedure in place called the Road Traffic Accidents Low Value Protocol from 6th April 2010 where claims for damages under £10,000 are fixed.
Road Traffic Accident claims run under the above protocol make very little or no money.
2. CYCLING ACCIDENTS
Cyclists can be knocked over by cars (see above) but also can injure themselves because of Faulty road surfaces, Animal attacks or Pedestrians
Again, the accident must be reported to the police.
3. ACCIDENTS AT WORK
This is where we will be able to make money.
The law is in the favour of the worker.
I can get money for a worker if I can prove that the workplace accident was someone else’s fault i.e.
- this could be the employer,
- a fellow employee
- another company based at the place of work.
The company is not allowed to treat the worker unfairly or sack them for making a workplace accident claim. The company is required to have insurance against staff accidents. This means that their insurance company will pay the claim and not the company.
Types of accident claims may involve for e.g.
- Unsuitable or damaged equipment
- An unsafe system of work
- Dangerous working practices
- Contact with dangerous materials
- Poor health and safety
This is where we need to concentrate our efforts on (there are over a million accidents at work a year) as this will be after Road Traffic Accidents the next most common type of accident and enquiry.
4. SLIPPING AND TRIPPING
What is a slip or trip?
These accidents can happen anywhere at any time, including in a:
- Any public place,
- Shop or shopping centre,
- Sports centre
- Cinema complex
- College or Hospital.
- Tripping on broken paving stone in the street,
- Slipping on oil spilt on the floor of your local garage.
We will need photographs immediately.
Who is responsible?
Local councils are responsible for looking after the roads and pavements.
There are laws to ensure public and private organisations protect their visitors from slips and trips.
A trip up in the street does automatically guarantee money. This is because the law accepts roads and pavements can’t be 100 per cent perfect.
How long after the accident do they have to make a claim?
3 YEARS FROM THE DATE OF THE ACCIDENT OR THE DATE OF KNOWLEDGE TO BRING THE CLAIM TO COURT
THIS DOES NOT APPLY FOR PEOPLE WITH MENTAL PROBLEMS AND CHILDREN UNDER 18
How much money will they receive?
It is very difficult to estimate how much personal injury compensation a person will receive until the full circumstances of the accident are known and I know a little more about the injured person.
However damages are broken down into two parts:
There are two types of damages awarded in personal injury cases:
i. General damages for pain, suffering and loss of amenity (PSLA)
ii. Special damages – out of pocket expenses such as loss of wages, medicine etc incurred as a direct result of the accident
If we have a deal I will buy three copies of a book which will give each of you a very approximate idea of the likely level of general damages, It has guidelines for damages for pain, suffering and loss of amenity (PLSA) for injuries have suggested bands for damages for different types of injuries, e.g. to the head, neck, legs etc…:
Will they have to go to Court?
Very few cases go to Court as this leads to an increase in the legal costs, which would be payable by the person responsible for the injury or their insurer.
If there is no dispute regarding who was at fault for the accident and no dispute about the level of injuries sustained, an insurance company will rather settle the claim outside of court to avoid paying the bill for the increased legal costs.
In extreme cases, where there is a dispute, the client may have to attend Court- however I never advise for a matter to go to Court and most settle in any event outside the court doors before the trial.
If it does go to court then I will talk them through the whole process to ensure they are comfortable with it long before the final decision needs to be made.
Will I need to attend any meetings?
I will try to come to them or for them to see me at their convenience. Most cases can be dealt with over the phone in the beginning.
Costs to make a Claim
I will recover my fees from the person responsible for your injury or their insurers. This means that they pay me nothing out of their own pocket to me.
I will also not deduct anything from their money and will not ask them to take out a loan to pay for the fees. This service is a genuine cost-free service.
Do they have to pay the other solicitor’s costs if they lose the claim?
No. We will take insurance out to cover the client if the matter proceeds to court to cover them for this.
Need to act quickly in Road Traffic Accident cases to get client signed up
Insurers solicitors are told electronically there has been an accident and will send out papers to the driver and all the passengers immediately. It is vitally important for us to get the driver signed up ASAP. Even if the driver goes with his insurer’s nominated solicitor I can get the papers transferred over to me so it is never too late. I will give you more training later.
Things to ask a client
The most important things are:
1. Date of accident
2. If accident involving a car or violent attack whether they reported it Police
3. The circumstances of the accident
4. Any witnesses to accident
5. Their name(s) and address(es)
6. Any documentary or photographic evidence
7. If they have solicitors acting already
It is very important for us to find out if they have legal expenses insurance. Many motor and house insurance policies offer this cover and I have to ask them if it is ok to use their cover rather than buy another product and which can cost up to £10,000 in big cases. Most drivers’ insurers will want the driver to use their own nominated solicitor as they get commission from the solicitors.
The most important thing is the circumstances of the accident. I need to know these so that I can assess if there is a case that I can win.
I can prepare a list of questions to ask for the different types of cases as the evidence required for car accidents is different for accidents at work.
MAKING OTHER TYPES OF CLAIMS i.e.
1. Professional negligence matters
2. Claims against the police for assault or malicious prosecution
3. Claims by prisoners for assault
4. Criminal injuries compensation
5. Disability discrimination claims
6. Some civil matters such as breach of contract
These we need to discuss regarding time limits but I will be able to most likely offer No-Win No-Fee save for any Disability Discrimination claims arising from employment run in the Employment Tribunal would have to be run on a different basis.
Click to see Claim Sheet
When this criteria is met, client should be asked convenient time for a
Once case passed to us we will give update with 24-48 hours. If case accepted invoice can be sent and if rejected we pass on to another solicitor and if rejected second time we send it back to center. Payout is weekly within 3 working days upon customer signing contract for a case.
Please use following parameters to evaluate your case before it is referred to us.
- All leads are exclusive to you and you alone.
- Client MUST have had accident within the last 30 months.
- Client MUST NOT be at fault.
- Client MUST have 3rd party details or reported to his insurance company.
- Client MUST have received medical attention.
- Client MUST NOT have claimed before.
- Client MUST be looking to claim.
Campaign Profile: B2C
Dialing Territory: All UK
Process Type: Lead Generation
Industry: Injury Claims
Price: Not Applicable
Payout: £300 per approved lead.
Payment Mode: Wire or PayPal
Payment Frequency: Weekly
Approval: First is vetting call, then solicitor's opinion, then Cfa documents sign up
It may sound like a lenghty process but it usually takes few hours to process those leads if client is available.
Leads: Not Provided.
Shift Hours: TPS (UK DNC) Compliant Hours (till 8pm)
Training: In-house. Experienced centers doing volume only.
Stability of the Process: 2 years+
Sales Target: 50+ valid leads/ month.
VOIP & DID: