Claiming Compensation - the basics Penny Knight 22 September 2010
The starting point Location Responsibility for collision Time limits
The Claimant Who is the Claimant? An injured child A brain injured person A fatally injured person
Funding Legal expenses insurance Conditional Fee Agreements (“no win, no fee”)
The Defendant Can the other party be identified? Can he/she be traced? Is he/she still alive? Was he/she driving for work purposes? Does any of this matter?
The paying party The other party The other party’s employer An insurer The Motor Insurers Bureau The Criminal Injuries Compensation Authority
Establishing liability Evidence Burden of proof Balance of probabilities
The police investigation Starting point Witness statements Plans, measurements, photos Vehicle examination
What can the injured party claim Pain, suffering and loss of amenity Financial losses - such as: Loss of earnings Treatment costs Care and assistance
What can be claimed when there has been a fatality Statutory bereavement damages Funeral expenses Claims on behalf of dependents
Any questions? Penny Knight Partner