Car Accident Compensation Claims | Irwin Mitchell Advogados (2023)

Car Accident Compensation Claims | Irwin Mitchell Advogados (1)

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  • Auto Accident Claims

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If you have been injured in a car accident, we understand the pain and suffering you are going through. Our car accident lawyers are experienced in helping people who have suffered a variety of car accident injuries, including severe head and spinal cord injuries. For a free initial consultation on your claimContact us today.

How to claim compensation for a car accident

The first step is to contact us for a free initial consultation on your auto accident claim. Although many auto insurers will attempt to resolve your claim directly with you, it is important to obtain advance legal advice regarding the amount of compensation to which you may be entitled.

Your insurance company or another party may refer you to a law firm, such as the body shop that repairs your vehicle, but you are free to choose which law firm represents you.

How long do I have to claim after a car accident?

The standard time frame for filing a car accident claim is three years from the date of the accident.

However, there are some exceptions to this:

  • mental capacity– even though a loved one does not have the ability to make a claim, there is no time limit on making a claim. If he recovers the ability, the corresponding time limit will apply.
  • Children– Claims can be made any time before your child turns 18. After that, your child can file a claim up to the age of 21.
  • car accidents abroad– times in other countries may be shorter than in the UK. However, depending on the circumstances of your accident, you may still be able to make a claim under UK law.
  • criminal injuries– if your injuries were deliberately caused by someone else, you may have a separate right to claim through the Criminal Injury Compensation Authority (CICA). The term to present a claim under the CICA scheme is two years from the accident.

Can I make a car accident claim if it was my fault?

This depends on the circumstances of your car accident. If your car hits another vehicle, but this was due to road conditions, for example, you can make a claim.

You can also file a claim if you are only partly at fault for the accident or if you contributed to your injuries by not wearing a seat belt. However, in such cases, the amount of compensation awarded may be less, to reflect your partial responsibility.

If the driver of your car was at fault for the accident, you can file apassenger complaint.

How long does it take to settle a car accident claim?

Every case is different, and various factors influence how quickly your auto accident claim is resolved. Some cases are resolved in a few months, but others can take several years.

The duration of your order will depend on:

  • How serious are your injuries? Some can be resolved in a few months, butsevere brain and spinal injuriesit can take much longer
  • If the other vehicle involved failed to stop or was driven by an uninsured driver. In these cases, you can still claim, but it will take a little longer.

How much compensation can I claim for a car accident?

There is no fixed rate of compensation for injuries caused in a car accident, since the same injury will not affect two different people in the same way. We will be able to advise you on potential compensation amounts in a free initial consultation on your claim.

No Profit Auto Accident Claims No Fee

The majority of auto accident claims that our attorneys handle are in ano win no chargebase. This means there is nothing to pay up front and nothing to pay if your claim is unsuccessful*.

If you win your case, your opponent pays most of your legal fees and the rest comes out of your settlement. We will keep you fully updated throughout your claim so you know how much compensation you are likely to receive.

(Video) Personal Injury Claims Explained

Why choose us?

Our specialist attorneys have experience in a wide range of car accident compensation cases and have secured compensation for thousands of people. In the last two years alone, our personal injury team has obtained over £1 billion in settlements for our clients.

We are one of the only law firms in the country that has a department specialized in traffic accidents, with years of experience in handling traffic accident claims.

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Call us today at0800 056 4110for a free initial consultation about your case orcontact us onlineand we will contact you.

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Car Accident Compensation Claims | Irwin Mitchell Advogados (2)

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It was great to have Irwin Mitchell supporting my recovery. They put additional services in to help me with my rehabilitation and I was able to continue when the community services ended.”

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Protecting Rosie's future after a serious car accident Car Accident Compensation Claims | Irwin Mitchell Advogados (4)

In 2009, Rosie's then-boyfriend was driving with her through Derbyshire when the car took the wrong side of the road, hit an embankment and overturned. Rosie's injuries left her paralyzed in all four limbs and she spent 12 days in intensive care and nine months in the hospital.

Our attorneys helped Rosie finance the 24-hour care, physical therapy, and occupational therapy she needed as she adjusted to a different life. The compensation payments also covered the cost of adapted housing that Rosie believes her family would otherwise not have been able to afford.

Once Rosie's case was fully resolved, our asset management team also helped Rosie plan her finances and secure her compensation agreement for the future. Her support will ensure that Rosie always receives the care she needs.

Rosie reached many significant milestones during her rehab, including re-signing her name for the first time and returning to concerts and festivals with her friends. She is now waiting for her to finish work on a new house that she is building around her mobility needs, and she feels secure about the future.

Read Rosie's full story

Car Accident Compensation Claims | Irwin Mitchell Advogados (5)

“When you suffer a life-changing injury, your needs and priorities change. Irwin Mitchell provided me with guidance and support, making sure my finances were cared for and invested to benefit me now and in the future." -Rose, customer

Car Accident Compensation Claims | Irwin Mitchell Advogados (6)

“Rosie is extremely resilient and hasn't let injury get in her way despite adapting everything she knows. I am proud that, together with my team and Stacy, we have played a small role in helping her achieve her ambitions ”–Ed Tomlinson, Head of Financial Planning

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What can I claim for compensation after a car accident?

You can claim compensation for a variety of injuries, including severe head and spinal cord trauma. You can also claim for a loved one if they died in a car accident or you are unable to claim for yourself.

The most common types of injuries we help people claim compensation for include:

  • Broken bones and fractures
  • sensory loss
  • organ damage
  • Head, brain and spinal injuries
  • limb loss
  • fatal accident.

If you suffered an injury not listed above, you can still claim. For more information and if you have further questions about filing a complaint, contact us at0800 056 4110for a free initial consultation.

Why choose Irwin Mitchell after a car accident?

Our car accident attorneys handle thousands of successful claims each year.

The injuries you sustain in a crash and the support you need afterward will be individual to you. We have experience helping people claim compensation for a variety of injuries, including serious head and back injuries.

We are one of the few law firms in the UK to have a dedicated road traffic accident investigation team, including a former police accident investigator and an advanced driving instructor to provide expert insight. The team can interview witnesses, conduct site inspections, and prepare reconstruction reports to find out who, if any, was at fault.

We also understand that everyone will have different support needs after a car accident, and the rehabilitation you need will depend on your job and lifestyle, not just the injuries themselves. We'll work with you to understand what support you need, and how we can help you access it, right from the start of the claims process.

(Video) This COMMON Injury Got a $14,430,000 Verdict (HERE'S HOW)

What is the process for making a car accident claim?

When you file an auto accident claim with us, we'll tell you exactly what we're doing at each step, and what we need from you.

Starting a claim is simple, all you need to do isContact Us. You can call us today at0800 056 4110for a free initial consultation: we'll discuss your accident and whether we think you can claim. If we believe you have a case, your claim will generally follow these four steps:

First stage: information gathering

We will begin by investigating the circumstances of your accident to find out exactly what happened and who was responsible. Traffic accidents are not always the result of a collision between two cars, there may also be other causes, such as:

  • Poor road maintenance, such as potholes or worn markings
  • Inadequate signage or faulty signs
  • oil spills on the road
  • Defective equipment in your car
  • Careless or dangerous driving by another road user

If necessary, we can obtain police reports, interview witnesses, or provide reconstruction reports as appropriate.

At first, we will also determine if we can proceed with your claim under a No Win No Fee* agreement, which will ensure that you do not have to pay anything if your claim is unsuccessful.

Second stage: medical tests and rehabilitation

You will also need to have a medical exam with a specialist doctor who specializes in your injuries. They will write a report about how bad it is, what the prognosis is, and what you will need to help you recover.

If your accident has left you in need of medical attention and support, we will identify the care you need, now and in the future.

We'll help you access medical treatment and therapy from providers near you, and the cost of your travel to any appointment may also factor into your compensation. In addition, we will help you locate any mobility equipment or assistance to make modifications to your home or vehicle, if applicable.

Depending on the severity of your injury and the length of the claims process, it may be possible to obtain advance compensation payments to help with rehabilitation costs.

Our commitment to the rehabilitation of our clients has made us a seven-time winner of the Plaintiff Lawyer of the Year award at Post magazine's Rehabilitation First Awards.

Learn more about how we can help you access rehabilitation support.

Third Stage: Compensation

We will calculate how much compensation you will need for your injuries, losses, and for any medical care and support you may need now and in the future. The amount of compensation will be agreed with your opponent as a settlement or determined through court proceedings.

The vast majority of cases are settled out of court, so it is rare to move forward with the court case. However, if you have to go to court, our team will be there to support you.

Stage four: conclusion

Your claim is completed and you receive compensation if successful. If your claim is funded through a No Win No Fee* settlement, you don't have to pay anything if you lose your case, while your opponent pays most of our fees if they win.

Read more frequently asked questions

Serious Injury Claims – Our Serious Injury Lawyers Can Help You Get The Compensation And Care You Deserve

No Win No Fee Personal Injury Claims: More Information on Filing a No Win No Fee Claim

Rehabilitation – When you file a claim, we can help you access the care and support you need to make your life easier

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Car Accident Claims Guide – Here are answers to some frequently asked questions related to car accidents

Car Accident Compensation Claims | Irwin Mitchell Advogados (7)All Scottish cases will be handled by the Scottish law firm we are associated with,Irwin Mitchell Scotland LLP. The law relating to finance is different in Scotland and you will receive separate advice on what this means, as well as a separate finance agreement.

*To make a No Win No Fee claim, you must enter into a contract linked to an appropriate insurance policy. We will explain this in more detail before starting your claim.

Founded in Sheffield in 1912, Irwin Mitchell has always been a little different. Our consultants really know the people and companies we help.

It is what we call 'expert hand, human touch'.

We have offices across the UK so wherever you are our experts can help.

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How much compensation for anxiety after car accident? ›

There is no set compensation payout that's awarded for a personal injury, including anxiety. Instead, compensation is calculated based on the type of injury and how severe it is, and the impact on the claimant's life. Also taken into account is if the injury has cost you financially.

What is the average payout for a personal injury claim USA? ›

The average personal injury settlement amount is approximately $62,600, which was derived from retrieving settlement amounts in personal injury cases that were settled in the last 5 years (between 2016 and 2021).

How much compensation do you get for whiplash? ›

The amount of compensation you may be able to claim for whiplash injuries changed in May 2021. The amount of compensation you can claim for whiplash range from £240 up to £4,215, depending on the length of time you suffer from your injuries.

How much money do you get from a car accident settlement in NY? ›

Under New York's no-fault system, your auto insurer will pay up to $50,000 in basic economic losses regardless of fault. This includes all of your medical bills and up to 80% of your lost income.

How do you prove anxiety from a car accident? ›

Still, you must prove that the crash affected your mental health by providing medical records. It is crucial to show that the event triggered or worsened your anxiety. It can benefit you to get in touch with a lawyer after an auto accident that causes you emotional distress.

What is a good settlement offer for a car accident? ›

A good car accident settlement offer is one that fully covers your medical expenses, property damage, and time off from work. It compensates you adequately for the pain and trauma you have experienced related to the accident. A skilled attorney can evaluate your settlement offer and advise you if it is reasonable.

How long does compensation take to pay out? ›

A claim can often take between 12 and 18 months to resolve – or longer if it is a complex case or if liability is disputed.

What is the usual result of a settlement? ›

Generally, when a settlement agreement is reached, the responsible party pays an amount to compensate for the “damages,” or losses, their negligence caused the victim.

What is the most money awarded in a lawsuit? ›

Technically, the case against big tobacco was the biggest personal injury settlement in U.S. history although it wasn't a single person or family suing the companies. Forty-six states worked together to sue tobacco manufacturers, and they came away with a $246 billion settlement.

What is the minimum speed for whiplash claim 2022? ›

It is important to note that whiplash injuries can occur at speeds as low as between 5 – 10mph. However, there is no minimum speed for a whiplash claim as outlined in legislation.

What is level 3 whiplash? ›

Grade 3 – Grade 3 whiplash injuries are serious, often requiring immediate and ongoing medical treatment. Range of motion is severely limited and pain in the neck, shoulders, and head is usually constant.

Do insurance companies still pay out for whiplash? ›

If you suffered a whiplash injury as the passenger in a car or other motor vehicle, you can still make a claim for whiplash compensation. If the driver of the vehicle you were in was at fault, you would be claiming against their insurance policy.

What is the largest settlement for a car accident? ›

If you believe another settlement should be on this list, please submit it to us today.
Top 50 Motor Vehicle Accident Settlements in the United States in 2019.
Attorneys:Russell P. Reiner, Todd E. Slaughter, April K. Stratte of Reiner, Slaughter & Frankel LLP
Case:Anderson v. Caltrans
203 more rows

How much is a herniated disc worth in a car accident in NY? ›

As car accident attorneys who regularly handle herniated disc cases, if liability is not an issue, most cases with surgeries settle above $50,000. Some even resolve north of $100,000.

How long does an insurance company have to settle a claim in New York? ›

Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.

What does PTSD from a car accident look like? ›

For many individuals, the symptoms of PTSD following a serious MVA may include psychologically re-experiencing the trauma (e.g., intrusive thoughts about the accident, distressing dreams about the accident), persistent avoidance of thoughts or situations associated with the accident (e.g., reluctance or refusal to ...

Can you claim for depression after a car accident? ›

PTSD compensation case studies show that the courts take emotional trauma and psychological injuries just as seriously as they do physical injuries. If you have developed depression, PTSD, anxiety or another emotional difficulty as the result of an accident, then you be entitled to claim compensation.

What is emotional distress in a car accident? ›

People who experience post-crash emotional distress often describe feelings of denial, shock, grief, anger sadness, and fear. These feelings can lead to physical symptoms including flashbacks/nightmares, fatigue, tension, fear, and moodiness. How long people experience these symptoms also varies substantially.

How long do most car accident settlements take? ›

How long does it take to get a settlement check from a car accident? This depends on the facts of your case, but in general, anywhere between 9-18 months.

How much can you get out of pain and suffering? ›

They usually offer ½ to 1 times your economic damages (medical bills and loss of income) to compensate for your pain and suffering. For example, if your medical bills and loss of income equal $10,000, the insurance company will try to offer up to $5,000-$10,000 for your pain and suffering.

Should I accept the first compensation offer? ›

you don't have to accept any offer that's made to you. If you do accept an offer it might be lower than the compensation you would have got if you'd used a solicitor or gone to court instead. don't feel under any pressure to make a decision quickly.

What are the stages of a compensation claim? ›

Key Stages to Making a Compensation Claim
  • Initial Instructions. ...
  • Letter of Claim. ...
  • Collating Evidence. ...
  • If Liability is Admitted. ...
  • Obtaining Medical Evidence. ...
  • Preparing a Schedule of Financial Losses. ...
  • Negotiating Settlement. ...
  • If Liability is Denied.

How quickly do car insurance companies pay out? ›

The amount of time a car insurance claim takes can be anywhere from a day to a few weeks. It will depend on factors like: Disputes: If anyone disputes the claim it will likely delay the process.

How long does it take to get an offer from an accident? ›

However, the reasonable band of timescales for provision of a report after a medical examination probably ranges from about 6 to 10 weeks. You would expect that, once the insurers receive any medical report, they should be in a position to make a settlement offer to you within four weeks or so.

Do lawyers give advances on settlements? ›

According to the American Bar Association, lawyers are not allowed to give advances on settlements before a lawsuit has been determined. This prevents conflict of interest and arguments stemming from legal fees leveled against settlement amounts and advance interest percentages.

What is a decent settlement? ›

How Much Should I Expect from a Settlement? A good settlement offer should not only be able to cover your hospital bills and legal fees, but it should also be equivalent to close to a years' worth of your current wages, especially in cases where your injuries may be permanent or cause some kind of disability.

What is a good settlement figure? ›

The rough 'rule of thumb' that we generally use to determine the value of a reasonable settlement agreement (in respect of compensation for termination of employment) is two to three months' gross salary (in addition to your notice pay, holiday pay etc., as outlined above).

What is a big settlement? ›

Large settlement can be defined as loss of ground in the downward direction due to over-excavation as a result of trenchless pipeline installation methods such as horizontal directional drilling (HDD). This can lead to the formation of voids or sinkholes above the borehole leading to borehole collapse.

Is money won in a lawsuit considered income? ›

The general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. This section states all income is taxable from whatever source derived, unless exempted by another section of the code.

How is settlement money divided? ›

A California jury will determine the nature of each surviving relative's losses and damages at trial and make an effort to distribute the award among them equally. The payments would be distributed proportionately to the settlement amounts in cases when the decedent's insurance policy has limited coverage.

What proof do you need for whiplash? ›

To start your whiplash claim, gather all the evidence you need. This includes names and contacts of both drivers and potential witnesses, the date and time of the car accident, and pictures of the scene where possible. You'll also be able to make a whiplash claim if you were in the car of the at-fault driver.

Who pays for whiplash claims? ›

If you have a genuine claim, you can start the claims process with your insurer. If you suffer whiplash in a multi-car accident, you contact your own insurer. It doesn't matter if you were the driver or a passenger in a car, either - if you've suffered whiplash you can make a claim.

What do you do after a car accident for anxiety? ›

DON'T keep it to yourself.
  • Talking to family, friends and other willing listeners about your experience can help ease fear and anxiety—and gets intrusive thoughts out of your head. ...
  • It will make you feel safer, and you'll have someone there to take over if you feel too overwhelmed to drive, Reinhard says.

Can you claim for mental health after accident? ›

In order to have a legitimate claim, you will need to feel emotional distress for some time after the accident. This is quite common for people involved in a traumatic event. This distress could involve anxiety, depression, post-traumatic stress disorder (PTSD) or another psychological condition.

What is emotional distress compensation? ›

In most personal injury cases, emotional distress compensation accompanies the legal damages claimed with a physical injury due to the stress and anguish caused by both the accident and the injuries.

Can you claim compensation for stress and inconvenience? ›

In general therefore while claims for stress and inconvenience are not common, they can can be pursued in limited circumstances. In most cases such claims are made in conjunction with claims for more conventional financial loss arising from the negligence, so they form one element of a larger claim.


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