Road Accident Claims in Rotherham
If you’ve been injured because of a road accident you may be able to claim compensation. At Arthur Jackson & Co. Solicitors our team of personal injury experts are well versed in all areas of road accident claims.
Types of Road Accident Claims
- Road Accident Claims Overview
- Whiplash Claims
- Passenger Claims
- Untraced or Uninsured Driver Claims
- Cycling Accidents
How do I know if I can claim?
All road users owe a reasonable duty of care to avoid doing anything that could cause injury to others. For your road accident claim, this means, that if the defending driver has driven without normal care and skill and you have been injured then you have a claim against them. This is an objective test, meaning an under skilled driver will still be liable because of their lack of skill, even if they took all the care in the world.
This duty of care is owed to any road users. That includes passengers, pedestrians or even those with property next to the road. Our team are experts in all areas of road accident injury claims. They have won substantial awards representing drivers, passengers, pedestrians, cyclists and all other manner of road users. We primarily serve clients in road accident claims in Rotherham, Sheffield, Barnsley or Doncaster and the surrounding areas.
One of the most common injury claims after a road accident is often to referred to as a ‘whiplash claim’. A whiplash injury is caused when your spine goes through rapid acceleration and deceleration. Essentially, when your neck whips forward and then back to rest. This causes damage to your tendons and ligaments, and possibly your discs. It is the most common injury suffered in road traffic accidents and is prominent when you have been rear-ended. Symptoms to look out for include, but are not limited to, the following:
- Neck pain
- Back pain
- Shoulder pain
- Travel anxiety
Concussion (post-concussion syndrome) is a somewhat common result of a whiplash accident. Concussions result from your brain suffering from the same type of injury as your spine.
The symptoms associated with concussion and whiplash(whiplash associated disorder) contain a large amount of overlap. It is, however, that not all areas overlap, as symptoms such as light and noise sensitivity are not generally associated with WAD. In addition, pressure in your head and memory issues are almost exclusively associated with PCS.
Due to the noted overlap of symptoms many lesser experienced personal injury solicitors can miss concussions. We encourage anyone who has been the victim of a road accident to keep an account of all their symptoms, as well as visit with a medical professional about them. This will help to ensure that they are documented and available to use as evidence for your claim.
How long do I have to claim after a road traffic accident?
In most cases when you’ve been involved in a road accident you need to claim within three years. Despite this, it isn’t advisable to wait. The longer you delay before contacting us, or seeking medical help, the less secure your claim will be. We, therefore, advise our clients who have been involved in a road accident in Rotherham, or the surrounding areas, to get in touch as soon as possible. You can secure your free consultation regarding your road accident claim directly on this website.
There can be exceptions to this limitation including mental capacity, claims relating to children, criminal injuries or accidents that happened outside of the UK.
How long will my road traffic accident claim take?
When you’ve had a road accident, one of the first questions you’re likely to have is how long will my claim take? Our injury lawyers will handle your road accident claim in Rotherham based on its individual specifics. Due to this it’s not possible to predict exactly how long it will take. This is because we pay special attention to the exact details to ensure we do not undervalue our clients damages.
Depending on establishing liability and the severity of injury cases can take anywhere from months to years to settle. If your case is likely to take longer, and we have established liability, our road accident solicitors in Rotherham will look to secure you an interim award. This is an award designed to make sure you don’t suffer any undue hardships because of your road accident.
How much compensation will I get for my car accident claim?
The compensation you receive for your road accident claim will be based on the specifics of your case with the following factors impacting your total damages:
- Pain, Suffering and Loss of Amenity
- Past and Future Loss of Earnings
- Care and Domestic Assistance Needs
- Medical and Travel Expenses
- Home Adaptations
Will I need to have a medical examination?
Simply put, yes. You must have a medical examination if you are claiming compensation for a road accident. This is something we will arrange for you. We will then use the medical expert’s opinion in conjunction with case law, and guidelines, to calculate a fair compensation amount for your pain and suffering.
Besides the medical examination we encourage our clients to visit with a medical professional for treatment as a matter of urgency following an accident.
It is natural to suffer from shock following an accident and what could at first appear to be a minor injury, or even something that at first goes unnoticed, can be a serious issue as it develops.
I didn’t have my seat belt on, can I still make a claim?
The short answer to this question is yes. Even though wearing a seat belt is a legal requirement for road users, not having worn one does not prevent you from claiming compensation. Due to contributory negligence if you didn’t wear your seat belt your damages are likely to be reduced.
- If your injuries could have been avoided entirely if you had worn a seat belt then you will likely see a reduction in damages of 25%.
- If your negligence in not wearing a seat belt increased the severity of your injuries, then damages may be reduced by 15%.
- If your injuries were not impacted by whether you wore a seat belt or not, then your compensation should not be reduced at all.
We encourage you to contact our road accident solicitors in Rotherham as soon as possible. This will enable us to make sure you are properly assessed for damages and enable you to receive fair compensation.
I was a passenger; can I make a claim for compensation?
Yes, you can make a claim for compensation if you are the passenger of a vehicle involved in a road accident. This can be whether you are a passenger of the vehicle at fault, or if you are a passenger in a vehicle not at fault. The driver at fault for the accident owes a duty of care to all road users, including passengers of their own vehicle.
The claims process for a passenger is exactly the same as that for a driver. We encourage anyone who has been the passenger in a vehicle involved in a road accident to contact us as soon as possible.
My Insurance Company has recommended a solicitor, do I have to use them?
Often your insurance company will have a firm of solicitors that they work with. This does not mean you must use them. Your insurers have no control over who you want to handle your claim for compensation.
The most important aspect of choosing a solicitor to act on your behalf is that you are confident and comfortable with them. It can the case that an insurance companies preferred solicitors cannot provide you with the personal service you need to get you the best award possible.
At Arthur Jackson & Co Solicitors we provide a free, initial consultation, with no obligation. This helps you can make the best, most informed decision, for you. To find out more about receiving your free initial consultation you can call us on 01709 363876 or fill out our free, no obligation, consultation form. Alternatively you can e-mail us on firstname.lastname@example.org
Funding My Claim
Following your free initial consultation, where our expert team will advise you on if we believe you have a case, we’ll discuss with you the different funding options available.
No Win, No Fee Solicitors in Rotherham
It is possible in most cases that your claim will be handled on a no win, no fee basis. In situations where this is possible, generally, an insurance policy will be taken out on your behalf. Provided you comply with this policy you will be exposed to no financial risk.
If you are successful and win compensation, the defendant will usually pay most of your legal costs. The legal costs that are not paid by your opponent will be deducted from your total compensation.
If you are unsuccessful and do not win compensation, you would pay us nothing. We will not charge you and the insurance policy will pay for the defendants’ costs and your own disbursements.
Legal Expenses Insurance
Household insurance policies often contain an extent of legal cover that can cover a part, or all, of your costs associated with bringing a personal injury claim.
Arthur Jackson & Co Solicitors will only use your information for the purposes of your enquiry.