Accident compensation claims
An accident compensation claim is a civil claim usually brought by a victim (or in some cases the family of a victim), known as the claimant, against the person or persons claimed to be at fault for the accident, known as the defendant(s).
An accident compensation claim falls under the law of tort, a relatively new legal development (from the 1930s) which at its core gives parties the right to sue for a loss caused by another, with whom the party did not have an existing relationship. The development has its origins in the famous case of Donoghue v Stevenson.
There may be several parties bringing an action in relation to a single accident, for example when a traffic accident causes a loss to several different individuals. There may also be several defendants in cases where two or more parties are at fault.
Road accidents are among the most common accident compensation claims. Since insurance is mandated by law, many law firms specialise in defending traffic accident claims on behalf of insurance companies. Although when it comes to traffic accidents the defendant is nearly always protecting the interest of these insurance companies, rather than the interest of the driver accused, it is the driver that is named as the defendant, and not the insurance company.
If you have suffered a loss due to an accident there are many law firms that offer services such as ‘no win, no fee’. These firms offer to represent you for free and only receive payment if and when the legal costs are awarded from the other party. It is likely that you have even seen these services advertised. It should be noted that although the law society (the governing body of solicitors) has expressed concern regarding the appropriateness of these payment schemes (which provide personal incentives for solicitors to succeed and may influence their ethical behaviour), these arrangements are legal and do not violate the solicitor’s code of conduct.
If you would like to obtain legal advice on accident compensation claims, Caven can put you in touch with a local accident solicitor free of charge. So, if you have any questions or would like our help in finding local Personal Injury Solicitors please call us on 08001 221 2299 or complete the web-form above
- Last Updated on 02/03/2010