Legal Practice in a Personal Injury
The facts of the case strongly illustrate that a personal injury claim
should be made against the ‘other driver’ on the client’s behalf.
“…in legal terms, a personal injury is where a person, company or some
other organisation is to blame (at least partly) for your injuries.
They may have been ‘negligent’, which means the person or organisation
did not take proper care in the way something was: done; made; or
repaired.”[1]
Before a claim can be made, a number of documents need to be looked at
and prepared. It must be noted at this early stage however, that the
limitation date must be noted. Generally, under s.11 of The
Limitation Act 1980, the claimant has three years to make a claim.
The period runs either from (i) The date on which the cause of action
accrued or (ii) The date (if later) of the claimant’s knowledge. As
the client sustained her injuries through a road traffic accident, she
would need to produce the other driver’s car and insurance
information. Also, a letter needs to be sent to the police station
who dealt with the accident callout in order to obtain the accident
report. Also, any CCTV footage or photographs of the accident scene,
would be useful if available. The client would need to produce the
medical bills which she acquired for the injuries sustained due to the
accident. The expenditure would be added to the damages claimed at a
later stage. It must be noted that, even if the client is on the NHS,
a bill would nevertheless be sent to her for emergency hospital
treatment because she would be claiming personal injury damages. A
medical report would also be need...
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... Source; http://www.which.net/campaings/retail/cls/17.pdf
[2] Sime.S ‘A practical approach to civil procedure’, chapter 7, page
68, Oxford.
[3] Note; this is a general figure issued by
http://www.clearanswers.co.uk/howmuch.html
Other general figures which relate to some of the client’s injuries
are;
(i) moderate arm injury £9,000 - £75,000 Severe arm injury
with permanent disability £18,000 - £150,00 (it is unclear from the
facts of the case instant which of the above would actually apply to
the client)
(ii) Nose injury up to £15,000
(iii) Teeth injuries up to £15,000
[4] Sime.S ‘A practical approach to civil procedure’, chapter 7, page
71, Oxford.
[5] Alex Lawrie Factors Ltd v. Morgan, Morgan and Turner, The Times,
August 18, 1999
[6] Civil Procedure Rules, rule 15.2