Personal Injury

At Widdows Mason we have decades of experience in dealing with claims for compensation and have recovered millions of pounds for our clients over the years.

We combine our experience as specialist professional accident lawyers with the latest technology to provide a seamless service to our clients. Wherever you are in the country you will be afforded personal contact with a representative should you require it.

Unlike many Accident Management companies we ensure that our clients recover 100% of their damages and in the event that
we have to go to court we can combine a Conditional Fee Agreement (commonly called a 'no win, no fee' agreement) with insurance, so that even if you are unsuccessful there is no risk involved (subject to status - ask for written details).

With our extensive contacts we can ensure that you not only receive the compensation you are due but also appropriate rehabilitation services if required

Types of Accident Claim

Whatever the circumstances in which you were injured, our expert personal injury lawyers can help your fight for compensation. Below we set out brief details of the most common types of claim. For more information contact Michael Stockton.

Road Traffic Accidents

Whether you were a driver, a passenger, a cyclist/motorcyclist or a pedestrian, provided someone was at fault in causing your injuries, you will be able to pursue a claim for compensation. At Widdows Mason we have years of experience in dealing with all manner of road accident claims. Even if the person responsible is uninsured or untraced, you may still be able to pursue a claim under the Motor Insurers' Bureau scheme. Our experts will advise you on what needs to be done if that should be the case.

Accidents at Work

People go to work in order to earn a living, to support their families. They do not expect to be injured while working, and if your accident is caused by a dangerous workplace, defective work equipment, a failure to provide suitable equipment or because of a lack of training or supervision, you may be able to bring a claim against your employer for the injuries you sustained. We have dealt with many workplace accident claims, arising from the most simple to the most complex situations. We have the expertise to advise you on the prospects of your case.

Professional Negligence

Skilled though they are, sometimes solicitors get it wrong, and for whatever reason a claim fails when it should have succeeded. We can help you with your claim against a solicitor.

Accidents on the Street

Local Authorities have a legal obligation to keep the roads and paths of our towns and cities in good repair. Their duty is not absolute; provided they have a system of inspection in place which they operate on a routine basis, the mere fact that a pavement or roadway is defective may not be enough for them to be held liable. If you have fallen because of a tripping hazard or obstruction in the roadway, we can advise you whether this gives rise to a claim for compensation.

Accidents on Private Premises

If you trip or slip while a visitor to private premises, such as a shop or public building, whether or not you can claim compensation depends on a complex area of law - occupiers' liability. We can investigate the circumstances of your accident and advise you on whether or not you have a claim against the individual or body concerned.

Criminal Injuries

If you are the victim of a criminal assault, the person who injures you may not always be identified and apprehended. Even if they are, they may not have the means to compensate you for your suffering. We can help you with your claim to the Criminal Injuries Compensation Authority, a public body which exists to compensate those who are the victims of crime.

Types of Compensation

Compensation (also known as 'damages') is divided into two broad categories, General and Special Damages.

General damages

General Damages compensate an accident victim for the pain and suffering and loss of amenity/enjoyment of life they have suffered as a result of someone else's negligence.

Contrary to common belief, there is no tariff as to the value of a particular injury (except in relation to claims to the Criminal Injuries Compensation Authority). Each case is decided on its own facts and each person will react differently to an injury. For instance a sportsman or woman may be more inconvenienced by a particular injury than someone else with the same type of injury who does not participate in sports. The Courts will look at the amount of compensation given in previous similar claims in deciding on an appropriate award in any case before them.

Our expertise in personal injury claims and the access we have to reports of previous cases helps us to advise our clients on what to expect, and to negotiate the best settlement in the circumstances.

Special damages

Special Damages consist of a Claimant's financial losses. They may include, for instance:

• loss of earnings
• taxi fares or other travelling expenses to hospital or to your GP
• medication or prescription charges
• the cost of private medical treatment and therapy
• special equipment purchased
• nursing or childcare costs (in some cases)

In short, any loss which can be quantified can be included in your claim, provided it was reasonably incurred and was caused by the negligence of another party.

For more information contact Michael Stockton.

Personal Injury Procedure

Claims for Compensation

Compensation is not automatically available. In order to succeed in your claim you need to show that you have suffered an injury, that someone else was negligent and that the negligence caused your injury.  Whether your claim is straightforward or complex, we have the expertise to help you succeed.

We will notify your claim to the person responsible, and deal with their insurers on your behalf. Once they admit liability for your injuries we will arrange to have you medically examined and will collect in all the evidence we need to prove your claim in Court.

Medical Evidence

We have an extensive database of experts, up and down the country, whom we instruct to prepare reports on behalf of our clients. We take care to select the most appropriate expert for your individual case.

Documentary Evidence

It is important for all Claimants to realise the importance of retaining relevant documents. When you bring a claim you need to prove it - whether that be proving the injuries you sustained (by your medical records and the medical expert's report) or the losses you incurred. Make sure to keep all documents to do with your injuries and losses in a safe place and pass them to us to help us succeed in your claim.

Photographs

Always think about taking photographs to help prove your claim, for example:

• showing the place where the accident occurred
• showing any of your injuries to include any bruising, cuts or scars as a result of the accident.

Settlement

Once we have the medical evidence setting out your injuries, and details of the financial losses sustained (backed up by documentary evidence), we will be able to advise on the viability and value of the claim and negotiate with the Defendant's insurance company. If liability is admitted, our negotiations will be limited to the amount of compensation to be received. If liability is denied, it may be necessary to commence Court proceedings in order to obtain compensation.

For more information contact Michael Stockton.

Funding Your Claim

Legal Aid

Legal Aid (or 'Public Funding') which was once widely available for personal injury claims is now only available in limited circumstances. Most people who suffer injuries in an accident will not be able to get Legal Aid to help them bring a claim.

Private Funding

Paying a solicitor to bring a claim, just as you would pay a solicitor to act for you when you buy or sell a house, or need a Will drawing up, is an option open to you. This is called 'private funding', and you would pay your solicitor as the case progresses, for the time spent in working on your case. However, a lot of people worry about budgeting for legal fees at a time when they may already be out of pocket due to the injury, for instance because they are not working, and 'private funding' may not be an option.

Conditional Fees

'Conditional Fees' is a possible solution to the dilemma. If a case is suitable, a solicitor may agree to take it on a 'no win, no fee' basis, meaning that if the case fails the Claimant will not have to pay his solicitor's fees. If the claim succeeds, the other (responsible) party will be asked to meet the costs involved.

After the Event Insurance

If your claim fails, at least you won't have your own solicitor's fees to pay, but what about payments to third parties, such as your GP and any hospital you attended, who charge to release your notes, or medical experts who charge a fee to prepare a report, or the Court which charges fees when your claim commences and thereafter at certain key stages? What about the other side's costs? If you win your claim you expect the other side to pay you compensation and to meet your solicitor's costs. If they win a claim which has been issued in Court they can look to you to pay their costs. We can advise you on the availability of insurance, to protect you against the risk of losing your claim, to cover your 'disbursements' (medical fees, Court fees, etc) and the other side's costs.

You may have insurance already available to you. We suggest to all clients that they check their home and motor policies and any additional benefits available with bank and credit card accounts, etc, in case cover already exists. Similarly, if you are a member of a Trade Union you may be entitled to free legal advice.