OF AN OUTSTANDING RESULT

SERIOUS ACCIDENT

SOLICITORS

10 SECRETS

10 SECRETS OF AN OUTSTANDING RESULT

I am the Director of Serious Accident Solicitors.

I have worked as a specialist Personal Injury Solicitor throughout my career. I am a member of the Association of Personal Injury Lawyers, the American Association for Justice and am accredited by the Law Society, London in the field of Personal Injury, a best practice quality mark that prospective clients can trust. I have over 20 years of litigation experience.

I have a burning desire to achieve outstanding results for my clients. This is often the difference between financial security, good health, decent housing and poverty. I stand shoulder to shoulder with my clients. I believe in keeping things simple and bringing a case to a conclusion quickly.

This document is not considered legal advice nor is it tailored to the particular circumstances of any individual. It is only a guide. I hope it will empower you to move forward.

If you would like advice specific on a particular case I provide FREE initial consultations.

To find out where you stand please call me on

0800 024 400 or 07557 441996I am ready and waiting to help you.

Nia Charles

Complexity is the enemy. Any fool can make something complicated. It is hard to make something simple.

Richard Branson

1. BE HONEST

2. AVOID BEING CAPTURED

3. GET CRACKING

4. TAKE IT SERIOUSLY

5. FIND A JEDI SOLICITOR

6. MAKE A BRILLIANT STATEMENT

7. NOT UNDERESTIMATE YOUR VULNERABILITY TO DEPRESSION

8. INSIST ON FIRST CLASS TREATMENT AND REHABILITATION

9. REPLACE LOST INCOME QUICKLY

10. BUILD A POSITION OF STRENGTH

SERIOUS ACCIDENT

SOLICITORS

2

Three things cannot be long hidden; the sun, the moon and the truth.

Buddha1It is absolutely vital, if you are to get an outstanding result, that you are completely honest.

There are no exceptions. You must tell the truth at all times, at every stage, to every person you talk to, whatever the outcome.

The law demands that a Claimant must be totally truthful. At a number of key stages during a claim, you will be asked to provide documents to the other side and the court which you will sign to say that they are true.

Above your signature will be the following statement which you must read carefully before signing;

“I believe that the facts stated in this document are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth”.

This means that when you sign a document, you are confirming that the facts contained in it are true.

The documents you will have to sign include your witness statement. This will contain the details of the accident, what happened immediatelyafterwards, the injuries you suffered, the treatment you received, a description of your on-going symptoms and the impact these have had on your social, home and working life.

Another essential document will contain details of your past and future financial losses. The technical name for this is a “Schedule of Special Damage”. This must be accurate to the nearest penny.

You may also have to sign a Claim Form, if you need to start court proceedings and a “Particulars of Claim”, which contain, amongst other things, a description of how the accident happened and why you believe the other side is to blame.

If you end up going to trial (which not many cases do), you will be asked to swear that the evidence you give will be the truth, the whole truth and nothing but the truth.

Judges are concerned if they see as a casual attitude demonstrated by some Claimants when signing documents containing a statement of truth. A well-crafted document, with a signed statement of truth, that is completely honest, is a really strong piece of evidence and will be very persuasive. On the other hand, a document that is untrue, with a signed statement of truth has the opposite effect plus some! It is a deliberate attempt to mislead the court and Judges do not take kindly to such things.

If you allow a document with a statement of truth to be used in circumstances where you know that it contains false information, or if you give evidence you know is untrue, you risk punishment for fraud, perjury or contempt of court. All are criminal offences.

BE HONEST

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There are also other things that can happen too. A court can order a Claimant to pay all or some of the other side’s legal costs. The sums involved can run into many thousands of pounds.

If a settlement or award of the court is reached and the other side then obtain evidence which a court accepts, showing the Claimant was dishonest during the case, the settlement can be unpicked, the court judgement set aside and the compensation and legal costs ordered to be repaid.

If the other side believe that a claim has been exaggerated, fraudulent, or dishonest they have the option of reporting the matter to the police for further investigation.

The other side can run a defence during the case that a Claimant has been “fundamentally dishonest” if they think the person is lying. If the case goes to trial, the Defendant has to prove, on the balance of probabilities, whether the Claimant has been fundamentally dishonest. If this argument succeeds, the Claimant will lose costs protection and will almost certainly have to pay the Defendant’s costs. There is also a risk that the entire claim will be dismissed.

All Solicitors are Officers of the Court. A solicitor has a duty to the court and cannot represent a client where the instructions provided would mislead the court. If this happens, a solicitor will not carry out any further work. This is likely to have a severe impact at a critical stage of a case. The client would have to try and persuade another solicitor to take on the case or represent him or herself. This would be an extremely difficult task. It will involve dealing with professional insurance companies and would be like swimming in a pool of crocodiles.

If the case has been run on an entirely honest basis throughout, with nothing exaggerated, a Claimant will be absolutely fine and in a very strong position. At the heart of the legal process is a search for the truth. The professionals working in this arena; solicitors, doctors, barristers and judges, have years of experience and will pick up on anything that is dishonest.

Sometimes a Claimant runs into difficulty by telling just one lie. The impact of this can be huge because it means that ALL the facts they have provided that are truthful are then doubted. Insurance companies and Defendant solicitors have developed skillful and sophisticated processes to detect and expose fraud and dishonest claims. If a Claimant is careless or dishonest with one fact it makes it much more likely their entire claim will then be looked at in microscopic detail.

The overwhelming majority of serious personal injury claims settle by negotiation without the need to attend court and often without even having to issue court proceedings. A negotiated settlement, however, is far less likely if the other side suspects exaggeration, fraud or any other dishonesty. A Defendant has a strong incentive to bring such a case before the court to make an example of the Claimant concerned. This can result not just in financial pain and criminal punishment but also negative publicity.

Every injured person has the right to bring a case that includes every penny of compensation they are entitled to. A good solicitor will help you bring such a case. In doing so, the most important secret to achieving an outstanding result, is ALWAYS tell the truth. It costs you nothing and is always the right thing to do. The other side will then find it much harder to attack your case. Being completely honest is the most powerful weapon in your armory. The truth, as Buddha said, cannot be long hidden.

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SERIOUS ACCIDENT

SOLICITORS

Red Riding Hood sees the wolf in her grandmother's bed and says, “Oh Granny, what big teeth you've got!" The wolf replied, "All the better to eat you with, my dear!”2It may come as a shock to learn that huge numbers of people who are injured in accidents

are identified by large organisations and “packaged”. There are companies and firms out there whose stock in trade is finding and selling on the names and cases of seriously injured people.

“Client Capture” is a term used to describe the techniques used to make sure, as far as possible, that an injured person from one sector is signed up by another. These businesses are often huge as compared to more traditional law firms. An essential ingredient they use when dealing with claims they “capture” are their shiny websites and their IT processes. As case is run through a series of computer “processes”. The large majority of staff operating these “processes” are not legally qualified. The “process” is king. Each process must be completed before the case can move forward through to the next “process”. It is often a case of “the computer says no”.

This market works as these companies spend huge amounts of money trying to get access to injured people. These businesses hunt for “customers” in industrial quantities. The managers of these offices need large numbers of cases on a monthly basis so they can work to full capacity. Their large processing offices run through thousands of cases a month.

The players in this world want a piece of the action and an injured person is often seen as just a number. It is not the person that has any value to such businesses, it is their case and the “add-ons” which they try to bundle in, such as car hire, engineers reports, rehabilitation specialists and the like.

For many operating in this type of market the rewards can be large. The people at the top of these businesses will be very highly rewarded while the people doing the actual “processing” are paid at the opposite end of the scale.

Don’t take just my word for it. This is what the CEO of AXA Insurance, Mr Evans, said to the Parliamentary Transport Committee some years ago. When describing those involved in traffic accidents he said they are a “…profit center and a very valuable commodity that everyone wants to get their hands on to sell to a solicitor”.

The Parliamentary Transport Committee decided Mr Evans had understated the position. The Committee concluded: “We would go further than this. Any Claimant on a motor vehicle policy is a valuable commodity to a whole range of firms, keen to offer legal assistance, vehicle hire or vehicle repair. As soon as a claim is made, Claimants are bombarded with calls from such firms and it has to be questioned whether Claimants have properly consented to this and understand who is calling them and for what purpose”.

This market is kept running by ignorance. It’s success depends on people who keep getting sucked in. Most people never complain and have no idea whether their injury case is being dealt with properly or not. They will not know whether the compensation they get is good, bad or indifferent. People who are “captured” rely on the “advice” they are given (usually by people who are not legally qualified) which they just accept. Most people will not even know that this has even happened to them.

BEING CAPTUREDAVOID

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SERIOUS ACCIDENT

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2Are these organisations motivated by a need to hit their corporate targets or a burning ambition to achieve an outstanding result for their client ? Do they have a quiet determination to improve the life of someone who has been injured or meet the “key performance indicators” of their business? Are decisions always taken in the best interests of the client or of their processing office ?

These are troubling questions.

When a “captured” client is informed that the person allocated to deal with their claim “is the right person for you” does this in fact mean their case will be handled by an inexperienced, poorly paid, unqualified paralegal?

Will a medical expert who is reporting on the injuries for the case get the job because they charge a low fee to get a steady flow of work or because they are the right medical expert, carefully chosen and researched to make sure that they prepare the best detailed report possible and will stand up well in court to any cross examination? Are they respected experts in their field ?

It’s usually clear when a claim has passed through these type of organisations. The person will have been contacted out of the blue by a processing office. The initial attempt at “client capture” will usually be a telephone cold call followed up by an email or letter. The sales patter will be convincing, the documentation impressive and slick. Many people then visit the website of the organisation to form an opinion. These websites are these Legal Processors front office. They look good, are convincing, professional and expensive. The design and content invariably create a strong impression of competence. The processing then starts and is often made difficult for client’s to escape from. It you want an outstanding result, my view is be very wary before allowing your claim to be handled by any claims processing “factory”, particularly one that hunts for many thousands of “customers”.

We are fortunate to live in a free country. The solution is for you to take control of your own case, make an informed choice about who acts for you and select an experienced injury solicitor.

Finding a good Solicitor is absolutely key to the result you will get.

To find out more read page 11 & 12. “Find a Jedi Solicitor”.

Little Red Riding Hood did, of course, manage to escape from the wolf !

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3Get first class legal advice AS SOON after the accident as you can. You need to know where you stand. It will make achieving an outstanding result so much easier.

Accidents should not happen. Serious injury or death should be prevented. When accidents happen, simple measures can prevent them from being repeated. If you act quickly, the more likely it is that something similar will not happen to someone else. This is one of the most important reasons why an early claim should be made. Those who are held responsible are likely to work harder to prevent a similar accident. Lives, quite literally, might be saved.

The earlier a claim is started the quicker it will be finished and the more likely it will settle through negotiation. The longer it lasts, the more likely it is that going to court will be needed. If a case goes to court, the courts will impose a timetable and will take the timing of things that happen in the case out of your control. This is best avoided. If you crack on early, you will be able to move on more quickly.

After three years it will be difficult or impossible for you to recover compensation because of legal time limits. There is only one bite at this cherry; take the best bite you can! Take an early bite!

Do not delay because the other people involved are relatives, friends, work colleagues or an employer. Bringing a claim is not personal. Those responsible will rarely pay out of their own pocket. In nearly all cases, the money is paid out by an insurance company.

Insurers are there because we all have to buy insurance policies. Cars cannot be driven unless they are insured. Employers can not hire staff unless their workplace is properly insured. Businesses cannot open for customers unless they have their public liability insurance in place. If a vehicle is uninsured, compensation will be paid by the Motor Insurers Bureau. If an injury arises from a criminal act, a claim can be made to the government’s Criminal Injuries Compensation scheme.

Do not be worried about paying legal fees-this is not a barrier to stop you from acting NOW. We can talk to you about costs and how to get your case off the ground. If your case has reasonable prospects, a good solicitor will usually offer you a “no win, no fee” agreement. These are called Conditional Fee Agreements. You will usually not be asked to pay ANYTHING up front.

If you win, under a no-win no-fee agreement the solicitor will recover all or part of the costs from the other side. Anything outstanding will come out of your compensation at the end. If the case fails, then provided you have been honest and co-operative throughout, it will usually cost you nothing at all. A no win no fee agreement will put you in a strong position to recover compensation.

SERIOUS ACCIDENT

SOLICITORS

CRACKINGGET

7

You only live once, and I do not want to waste a minute of my life.

Richard Branson

3After an accident it is sensible to crack on with the claim before there are changes to the place where it happened. This will make sure the accident site is properly inspected before it alters. The most obvious example is on a building site where work is likely to continue. Roads also change. A road lined with a hedgerow will be different in the winter compared to the summer months. Bollards, signposts, traffic lights and stop signs can be taken down or altered. Skid and scuff marks fade away and road defects repaired.

Try and make sure that items involved in the accident are kept safe. They may need to be examined by an expert. This includes things like vehicles, clothing, machinery, equipment and tools. This also applies to documents associated with the accident which should be kept safe. Important documents are things like accident report book entries, training records, sketches and the like. The point is that if you contact a good solicitor early, these items can be carefully preserved.

Anyone who sees an accident should have a good memory of what happened. The strength of that memory might make the difference between you winning and losing. It is important to get down in writing what happened from any witnesses as quickly as possible before their memory fades or it is completely forgotten. People move, remarry and change name, fall ill, change jobs, some even pass away. It is much better not to find yourself in a position where an important witness cannot be found. An early phone call to a solicitor should make sure all witnesses are spoken to quickly and their recollection of what happened recorded.

You probably already realise that insurers want to pay out the least compensation possible. They have an army of professionals that look for loopholes in cases to help them reduce or avoid liability. Some insurers approach people with solid cases at the outset and make them an offer to try and buy the claim off. This is usually a sucker punch. A properly investigated claim is invaluable but doing this will take time. The insurance company knows, that once they have settled your case, you will not be able to re-open it. This is the law. They will NEVER have to pay any more in another penny. Full stop. Anyone who accepts an offer without taking legal advice will have to live with the consequences for ever if they have under-settled. So, if you want an outstanding result, do not get mugged by an insurance company.

If you want to make a claim, crack on and do it straightaway. If you are too seriously injured to do it yourself, ask someone else to make the first contact for you. Take photographs of the place where the accident happened, the things that caused it and your injuries. The more evidence the better. Obtain names, addresses and telephone numbers from anyone who was there. Photocopy or photograph documents such as the accident report book entry. Above all, phone a good solicitor who specialises in personal injury claims immediately !

I am always willing to help and will tell you FREE OF CHARGE exactly where you stand. I take an old school pride in helping injured people rebuild their lives while at the same time get on with making sure I get you an outstanding result.

Do not waste a minute. Crack on now and make that call !

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SERIOUS ACCIDENT

SOLICITORS

4I have adapted Haile Selassie’s quote to a personal injury claim. If solid preparation work is carried out, if the solicitor is good and the evidence good, an outstanding result can be achieved. To accomplish this, the case must be taken seriously by the injured person and their family. A slapdash approach could be costly.

Serious injuries suffered in an accident are a major life event. It is up there with choosing a career, getting married or buying a house. When making major life choices, most of us weigh things up carefully. We talk things over with family members and people we respect. Deciding who to live with, what to do with your life, where to live are all given a great deal of thought. This is because they are recognised as events that will have a major impact on our lives.

If you have been seriously injured, getting a good solicitor will be a whole lot more important than almost anything else. Serious injuries often result in permanent disability, an inability to work full time or at all, an inability to contribute to a pension, maintain a home or enjoy hobbies and pastimes. The permutations are endless. The immediate future is often medical treatment followed by more treatment and rehabilitation. Hopefully there will be no permanent effects and a full recovery will be made. There is likely to be a lengthy period without income if your work has been affected. They can be be tough times.

Where symptoms continue, the focus will be on the extent of the recovery made. The future path in respect of the injuries suffered will become clearer over time, as will the ability to carry on working. There will be questions. Will your recovery be enough to make a return to your old job possible or will a pathway to a different career be needed ? If so, will re-training be needed?

The law says that those injured in accidents are entitled to be put back into the position they were in before the accident happened. As far as injuries are concerned, this means trying to put a financial value on pain and suffering. Judges use guidelines to help work out the sum to be awarded. For example, a moderate injury to the back, causing disturbance to the ligaments and muscles, giving rise to backache will attract an award of between £10,450 and £23,210. The final figure will depend on how nasty the injury is, the extent of the treatment needed, the degree of the symptoms and the impact of the symptoms on the injured person’s ability to function in everyday life.

Compensation is also paid for financial losses suffered after the accident. These are known as the “past financial losses”. This includes things like damage to cars, property, medical expenses and loss of earnings. Interest is paid on the total.

A sum is also awarded for future losses. This includes all likely losses in the future that have been caused by the accident. It includes future loss of earnings, medical expenses, treatment costs, changes to your house, care, help with DIY, gardening and cleaning. This is not a complete list).

SERIOUS ACCIDENT

SOLICITORS

SERIOUSLYTAKE IT

9

When a solid foundation is laid, if the mason is able and his materials good, a strong house can be built.

Haile Selassie

4The maths around the future losses is interesting. For example, suppose a 57 year old bricklayer intended to work until age 67 and was earning £800 a week. After an accident, medical experts provide opinions confirming that, because of the injuries, laying bricks day after day throughout the year is no longer possible. However, the brickie is able to work full time work in an unskilled, desk-based job. Reasonable steps must be taken to find such work. At the end of two months searching, two job offers are found. One is as a shop assistant in a hardware store paying £250 per week. The other is as a petrol pump attendant on £300 per week.

The brickie is correctly advised that he must keep his losses to a minimum and so takes the job as a petrol pump attendant. The pay of £300 a week represents a loss of £500 a week when compared with the money he earned as a bricklayer. Over the course of a year, this amounts to £26,000. The lost net take home pay, after deducting income and national insurance, is around £21,321.

The now former bricklayer is entitled to claim the net sum of £21,321 per year for the twenty years between his fifty seventh and sixty seventh birthdays. The total future for loss of earnings is therefore £21,321 per annum x 20 years which amounts to £426,420. The law says that this figure should be reduced slightly because it is being received early and so could be invested to produce a return. There is also a risk the bricklayer’s life might be cut short by something else. Some financial calculations will be applied but the final sum concerned will still be very significant.

Suppose the bricklayer was 27 years old. The medical evidence and earnings remain the same. He can no longer lay bricks earning £800 a week but could do something else. The brickie decides to retrain to work in a drawing office as a CAD designer. This will require two years in college and three years working as a junior assistant at an architectural practice earning £200 a week. After three years, the pay increases to £700 a week.

The losses here would be two full years of net earnings amounting to £21,321 x 2 years = £42,642. In addition, three years of earning £600 less a week which is £93,600. Assuming a retirement age of 67, this would mean 35 years before retirement at age 67. The annual loss each year would be £5,200. This amount (£5,200) over 35 years is £182,000. It would still be the case that these figures would be reduced slightly for early receipt and the uncertainties of life but once again, the sums involved are considerable.

The point I am making is that, with the type of back injury outlined above, it is easy to get fobbed off after an accident with compensation of say £10,000 when with thorough investigation, insight and hard work the true value of the claim is actually much higher. A 57 year old brickie who suffers an injury to his lower back might decide £10,000 is a fair sum at the beginning. After all, it is enough to buy a decent car or have a nice holiday.

If no legal advice is taken, the problem may only come several years down the line. Each month it may have got harder to pick up blocks and lay them. One morning the brickie’s back locks up. The doctor makes clear that it is time to give up bricklaying. The brickie finds a job as a petrol pump attendant earning £300 a week. Financially, things become very tight. He cannot afford to take his family on holiday and the car he bought when he accepted the £10,000 has to be sold because he cannot now afford to run it.

The brickie is now desperate. A customer care representative at the organisation which settled his claim tells him that no further action is possible as the £10,00 settlement he took without much thought was final.

To achieve an outstanding level of compensation be sure you take your claim SERIOUSLY.

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SERIOUS ACCIDENT

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5The reason you need a Solicitor to represent you is because you are walking through a legal minefield and you need a guide. For an outstanding result you need an outstanding solicitor. What should you look for and who should make your shortlist?

There are many legal businesses employing staff to deal with personal injury claims who are not solicitors. Many even have no professional legal qualifications. Sometimes they have titles which make you think they do. There are businesses with rows of unqualified paralegals handling serious cases by just following computer prompts. The marketing behind these businesses is often brilliant. Beware! These are the hallmarks of a legal processing office. The chances are that the staff will be treated like drones. Do not put any of them on your shortlist.

Make sure the person who represents you is a qualified solicitor. Qualifying as a solicitor is tough. It takes up to 6 years. This is just the beginning. Much longer time is then spent building experience, knowledge and insight.

Find a solicitor who only represents people injured in serious accidents. There are thousands of solicitors who do a little bit of conveyancing, some probate, the odd commercial dispute and the occasional personal injury claim. These are jack of all trades, master of none. Remove them from your list.

The next step is to find a solicitor who is a member of The Law Societies “Personal Injury Panel”. It is an odd name, but membership of this panel indicates that the Solicitor has a real commitment to helping personal injury clients. To acquire panel membership applicants have to demonstrate an in-depth level of expertise and experience. There are not very many solicitors who have gained this Law Society accreditation.

It is then sensible to assess whether the Solicitor has what I call the “Jedi” factor. There are many talented people in the world. All start as novices and develop knowledge and experience that show their gifts. There are brilliant artists and designers, musicians, sportspeople and engineers. Across the world this pool of individuals is very small. The most brilliant ones are born gifted and then work like fury over a lifetime, so they continue to excel. A very small number of solicitors excel at being personal injury lawyers. These have the “Jedi” factor.

Finding a Jedi solicitor really matters. It is one of the most important steps you can control and take to achieve an outstanding result.

A Jedi will be well armed, battle hardened and ready for the fight. A Jedi will not flinch when the going gets tough. A Jedi will have confidence and knowledge. Fortunately for you, narrowing the search is straightforward. This is what you should look for.

Integrity is the most important ingredient. The Jedi solicitor will unravel the law for you and handle complex matters that you are unable to cope with or manage. Your Jedi will give you advice and you will decide how to respond. It is easier to act on advice from a solicitor you know is on your side, acting in your very best interests than a claims handler whose does not really care.

SERIOUS ACCIDENT

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SOLICITORFIND A “JEDI”

11

Only a fully trained Jedi Knight, with the force as his ally will conquer Vader and his Emperor.

Yoda

5A Jedi Solicitor will be able to see your case through from the first to the last day. Each potential twist and turn, each potential opportunity, every risk and weakness. When you pick up the phone, they will know your case inside out. They will not ask you to hold while they go off to check your file. A Jedi solicitor will always look for ways to improve the case and will know the components of an outstanding result. A Jedi solicitor knows when to squeeze the opposition and when to settle. This foresight is the product of hard study, intelligence and long battlefield experience.

Communication with a Jedi solicitor will be relaxed and clear. The skill of explaining difficult topics in a way that you understand will come easily. You should always have a clear picture of where your case is, what has happened and what might happen. Without this, irritation and worry will be a heartbeat away.

A Jedi Solicitor will always make time for you. Nothing is more frustrating than being unable to contact your solicitor. Worse, when any contact results in you being fobbed off. A Jedi will know how to manage time. Exceptional Jedi solicitors even give clients their personal mobile phone number with an invitation to ring at any time. This is the difference in the service you will get. It helps makes sure that you have regular Jedi contact which means you do not have to keep ringing for an update.

A Jedi Solicitor will have a real interest in you as a person and what has happened to you. This interest will be rooted in compassion and care. A Jedi will know from years of experience what impact the injuries have had on you and will be informed about your treatment options and rehabilitation needs. There is a risk that an overworked case handler will miss this vital information.

A Jedi will have built up life experience and wisdom. A Jedi will have developed over the years strong relationships with people who will play key roles in your case, such as medical and care experts and good barristers. This can make the difference between a good decision and a brilliant one for you. The difference between getting an outstanding settlement and a poor one.

Experience really matters. Avoid a “wannabe Jedi” without proper experience “practising” on your case. An inexperienced surgeon with a scalpel is enough to make most patients run off. The same logic applies to solicitors.

Few serious personal injury claims are simple, straightforward or easy. Anyone who tells you otherwise is not being truthful.

For an informal, no obligation, FREE discussion – seize the day and act now !

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6To achieve an outstanding result, you need to tell your story as a clear factual account. This will become your witness statement. It will describe what has happened to you. It is your best chance to explain to the medical experts, the other side and (if a trial takes place) the judge how the accident happened and how it has affected your social, home and working life.

Think carefully about the events. Order them in sequence. No one else can stand in your shoes; the statement must be made from your knowledge and using your words. It is a mixture of what you have seen, touched, tasted, listened to, smelt and thought. Describe only facts, not opinion.

It is usually necessary to make one statement in a small case, two in a larger case and perhaps three or four in a multi-million catastrophic injury claim. The first statement nearly always deals with the accident. Further statements will then cover subjects such as treatment, rehabilitation, financial losses and the like.

Important records can make the job of remembering what happened much easier. It is useful to keep a diary. This should include information about your treatment, the medication you have taken and the progress of your symptoms. It will also be used to record the money you have lost as a result of the accident. For example, medication, physiotherapy, chiropractic and other treatments. Also, it should include the amount of care and help provided by family members, friends or colleagues and with details of any contact you have had with an employer or business partners. In essence, anything related to the accident.

A Jedi Solicitor will carefully review your medical and employment records. Other records will be as equally important such as letters from employers and your receipts for expenses.

A Jedi Solicitor will ask for other records such as school reports, exam results, college and university records, records held by the DWP and tax office. Some so-called “case-handlers” do not even bother getting these papers. The reason for getting these documents in early is to protect you, to see what they say and check that they support you so you are not taken by surprise later on when the other side ask for them. A Jedi Solicitor would want all documents relating to the adaptions you have made to your home, plus details of any aids, appliances and vehicles that you have had to buy.

Getting these documents sometimes take months to get completely in place. All of them will play an important part in telling your story. Do not throw anything away. Keep every document in date order in a safe place.

When the Jedi Solicitor prepares your witness statement, the starting point will be the accident. The time, date, weather and what you were doing. What you remember about it.

Working through this methodically, however unpleasant it may be, can help provide vital clues about your injuries and how they happened. This information needs to be given to the medical expert. Some so called “case-handlers” never even bother asking or even telling the medical expert this. SERIOUS ACCIDENT

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BRILLIANT STATEMENTMAKE A

13

Beneath the rule of men entirely great, the pen is mightier than the sword.

E G Bulwer-Lytton

6A Jedi solicitor will want to know about the forces exerted on your body during the impact. How the force caused your body to react. Sometimes this information is lost due to being overwhelmed with more immediate life-threatening injuries but this is an essential part of your story. It must be accurately described.

It is sensible to include a description of each injury and the treatment you received. This should include any help at the scene from passersby, first aiders or ambulance crews. The initial treatment at A&E, followed by a fuller account of the treatment as it developed including surgery. Each strand of treatment must be followed up to the point of discharge.

Once the medical experts provide a clear opinion, it will be necessary to describe any ongoing symptoms and whether they are permanent or happen now and again, how often they happen and the level of the pain. A description can then be included of the impact of the symptoms on each aspect of your life.

The amount of nursing care and help provided by family members and friends should be described. This includes help with basic tasks like washing, dressing, preparing food, looking after pets, gardens and DIY. The statement will need to include the number of hours of help provided each day. This care usually gets less over time. A well-kept diary is really good in confirming who helped out and when, what they did and when recovery milestones were reached. If ongoing symptoms affect your ability to work, it will be necessary to explain how. If it is not possible to continue in your old job, further education and/or retraining might be needed which may result in lower earnings. All this should all be covered along with any financial consequences.

Any symptoms you are left with that impact on your home life should be described. Typically, where this reduces your ability to do things like DIY, gardening, and cleaning. The statement should include a description of what you did before the accident and what you have been able to do since, broken down into the number of hours per week or what help you had to pay for to complete this work.

Where ongoing symptoms limit any sports or hobbies, this should be described too, saying what you used to do, why it was important to you and what you used to enjoy.

The witness statement will need to be read through very carefully and possibly amended a few times before you are satisfied that it is a true and accurate record. Any changes that need to be made will be made until you are completely happy.

You will then need to sign and date it so that it can be used in evidence as part of your case and the other side and the court can see clearly what the accident has done.

Preparing a good witness statement takes experience, time and patience. Contact a Jedi solicitor who knows what should be included and how it should be done. Call now!

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7Being seriously injured can lead to psychological conditions which are often overlooked. These include depression, post-traumatic stress disorder, anxiety and panic attacks. These can be really life changing if not properly treated. It is sensible to recognise these early, understand why they happen and know what to do about it.

Consider a major depressive illness. After an accident, an injured person is exposed to one or a series of “stressors”. Depression can result and can last until these stressors are removed. If the stressors are not taken away, the depression risks becoming long term or permanent. It is possible to treat depression with treatment, including medication and/or psychological therapy. It may be a question of learning to live with it while taking steps to help treat it.

The hallmarks of depression are suffering from low mood or a sudden loss of interest or pleasure in activities. To be diagnosed, there must be at least four symptoms drawn from a list that includes changes in appetite or weight, sleep, decreased energy, feelings of worthlessness or guilt, difficulty thinking, concentrating or making decisions or recurrent thoughts of death or suicide. Symptoms will persist for most of the day, every day for at least two consecutive weeks.

Accidents happen suddenly and without warning. There is little or no pre planning for what can happen afterwards. The routine of your life shudders to a sudden halt. Some people are not affected; others can be more vulnerable. The threat of depression can start as a ripple and grow into a wave that becomes overwhelming. A vulnerability might come from one or several aspects of life. It can arise from relationship issues, medical treatment, strained finances or employment or business issues.

Some relationships unravel because of the pressure created when one partner has a serious injury. It is not hard to see why. The uninjured partner is often left with the sole responsibility of being the bread winner, running the home and caring for the person injured. All the chores that were previously shared such as cleaning, shopping, cooking, childcare and washing fall suddenly on one pair of shoulders. There is a need to juggle transport, medical appointments, medication, liaising with doctors and employers and all the household admin. Children still need nurturing and feeding, homework still has to be supervised. This is often exhausting. There is little time for relaxation.

Serious injuries can bring worry about the loss of a job or career which has given pride and contributed to a strong sense of self identity. A plumber with an injured back may not be able to return to the job. A firefighter with a shattered knee might be retired on medical grounds. The examples are endless. These outcomes are often not immediately clear and not thought about. When an injured client is examined by a medical expert, there is often a sudden realisation that re-training for a new, less physically demanding skill, is inevitable.

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YOUR VULNERABILITYUNDERESTIMATE

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There are known knowns, unknown knowns and unknown unknowns.

Rumsfeld

TO DEPRESSION

DO NOT

7It might not be possible to return to the hobbies and activities enjoyed before the accident. Previous pleasure from sport, exercise, crafts or music can be lost. Friendships built around these activities can fade. Life becomes less pleasurable and isolation can set in.

The underlying health and age of a person can make a difference to their recovery. Obesity, diabetes, and age can all affect recovery prospects as can the treatment that is provided. If a solicitor has not been consulted early, some rehabilitation steps may not have been taken. After weeks and sometimes years of being convinced a recovery will be made, it can be hard to accept that this may not happen. It can be devastating psychologically.

Physical changes such as scarring, incontinence or amputation pains can damage self-confidence. A person with a strong sense of their physical identity which suddenly changes after an accident will find it tough to come to terms with.

Few things are more wearing than ongoing pain. Even mild constant pain is horrible. After a while, tablets can lose their effect; stronger ones are prescribed. As time passes, these have to be taken in greater quantities. There are often side effects. Stomach complaints and constipation are common. It is not unknown for pain to be experienced for which a medical expert cannot provide any obvious explanation. Pain can affect the strongest person.

There are a number of treatment options for mental health illnesses which develop on top of physical injuries. These include anti-depressants, cognitive behavioral therapy and EMDR. The treatment should be prescribed by a specialist. A Jedi solicitor will be alert to the possible onset of depression, anxiety, or panic disorder.

Where psychological symptoms appear to have developed, a Jedi Solicitor will get a report from a good Psychiatrist or Psychologist.

For an outstanding result, it is important to make sure that any psychological symptoms are thoroughly considered so that the right treatment can be put in place.

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8A Jedi solicitor will have a passion for first class treatment and rehabilitation. No stone should be left unturned to find this. Restoring an injured person to full health is the highest priority. This quest must be relentless. First class treatment and rehabilitation is the most effective way to recover from a shattering injury.

The NHS is an incredible organisation staffed with dedicated, caring and highly skilled staff. For years it has been under resourced. We all know how it works. After an accident, ambulance paramedics usually attend as first responders. A patient will be stabilised and blue-lighted by ambulance to the nearest A & E. In less serious cases, the patient will make their own way to A&E or visit their GP.

At A&E the patient is triaged. Emergency treatment, including surgery, is sometimes carried out. Where a patient is very poorly, a spell in hospital follows. One or more consultants become involved in care. These often include orthopedic, brain and spinal surgeons and so on. There will usually be little if any choice a patient has as to who provides them with this treatment.

For those that have it, private medical insurance will then kick in. It opens the door to a choice of more experienced specialists and can make spells in hospital more comfortable. The cover provided by health policies is not open ended. It is usually limited to a specific sum which relates to the premium paid. The level of cover under the policy might be, for example, £50,000. Once this amount has been reached, the patient will find themselves back to using the NHS or funding any remaining private treatment themselves.

Private medical insurance companies usually include a paragraph in their policies obliging the patient to recover the cost of the private treatment from the other side in a personal injury case. The sums can be large. For example, if cover limited to £50,000 is used up, this must be included as part of any claim. Anyone calculating their losses where they have used a private medical insurance policy should make their solicitor fully aware that they have used this.

If someone has been injured, private medical treatment, from the finest doctors and surgeons, should be used wherever provided this is want a client wants. It will first be necessary to establish that the other side was entirely responsible for the accident. Sometimes this is clear, sometimes it is not. Before any money is spent on private treatment, it should be checked that the other side has accepted they are totally to blame for the accident.

It is an established legal rule that the cost of private treatment is payable by the party who was to blame provided the treatment is reasonable. What is reasonable will be a medical question.

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TREATMENT ANDFIRST CLASS

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Don’t let the noise of other’s opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition. Steve Jobs

REHABILITATION

INSIST ON

8Using private medical consultants and private hospitals is a way of reducing NHS waiting times and delays. It means that anyone injured through no fault of their own can access the very best treatment and quickly. It should not be limited to the treatment available within the local NHS Trust. The opportunity exists to have treatment in a local private hospital or at a centre of medical excellence anywhere in the country.

Usually, the first step to set this treatment up is for your solicitor to use the Rehabilitation Code. This code was agreed by a number of different organisations including the Association of Personal Injury Lawyers and the Association of British Insurers. It “promotes the collaborative use of rehabilitation and early intervention in the compensation process….The Code’s purpose is to help the injured claimant make the best and quickest possible medical, social, vocational and psychological recovery. This means ensuring that his or her need for rehabilitation is assessed and addressed as a priority….”.

Where the injuries are serious or life changing a qualified rehabilitation specialist can carry out an Immediate Needs Assessment (INA). This specialist is often appointed as a case manager and will then co-ordinate the treatment recommendations. This is usually funded completely by the other side’s insurers and at no cost to you. The case manager will make sure the treatment recommendations are properly implemented and typically provides practical assistance and support such as chasing up medical appointments and arranging transport. A Case Manager will then periodically report back to your solicitor and the insurers on the progress made.

A second route to private treatment can come from the medical reports got your Jedi solicitor has got from one or more consultants who have commented on your injuries. The main purpose of these reports is to provide information on your injuries. An Orthopedic Surgeon will comment on fractured bones, a Plastic Surgeon will deal with scarring. Each report will describe the treatment already received and the ideal treatment needed in the future.

If the consultant recommends further treatment then, provided this does not conflict with any treatment already being provided by the NHS, it is usually best to have this done privately. The consultant can be asked to provide details of possible surgeons able to do this, any treatment centers and the likely cost. A Jedi Solicitor can then use this information to demand the other side insurer makes this money available, so private treatment can be arranged and paid for you. If the insurer refuses, an application can be made to the court for an interim payment to cover this cost.

After treatment has ended, a well thought out rehabilitation program is the best way to ensure a speedy, long term recovery. This will help a return to the routine of a normal life.

This program can include mental health care as well as physical care. It can include treatments you may not have thought of or even know about. It can be provided by Occupational therapists, Physiotherapists, Chiropractors and Podiatrists or talking therapies such as Clinical Psychologists.

A Jedi solicitor will move heaven and earth to obtain the best possible treatment and rehabilitation for you.

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9Serious injury nearly always takes away a person’s ability to earn a living as they had done before. This can last for a few days, months or years. In severe cases, it can mean never returning to any form of work. The certainty of a regular income or a dividend disappears overnight. This can come as a nasty shock. A whole lifetime of work, of never asking anyone for a single penny, of being utterly independent is swept away in the blink of an eye.

Accidents happen when they are least expected. Few of us have any contingency plans that swing into action after being injured. The usual immediate worry is getting medical treatment. Loved ones drop everything, including work, so they can sit by a hospital bedside. Afterwards, care is provided at home. All of this is an emotional roller coaster ride where concerns about money are pushed to one side at first to cope with the immediate emergency.

It is only when a pause is taken that thoughts then turn to putting food on the table and paying the bills. This is when a second emergency situation happens for many people. A financial emergency. Like clockwork, the rent or mortgage must be paid. Any default can result in those expecting payment threatening the repossession of your home. The gas, electricity, and phone companies insist on your family paying for what they use. This is worse during the winter. The local authority is legally required to extract payment for council tax.

This is not so bad if you have managed to put some savings aside for a rainy day. For those lucky enough, an employer might be obliged to continue paying your salary for a time. Much depends on the terms of the employment contract. Those with generous terms may be fine. It is, however, often after 26 weeks of sickness, that most employers will either reduce or stop payments.

Most employment contracts have a clause enabling an employer to dismiss an employee on the grounds of their incapacity. Incapacity means being unable to work because of illness or injury. Some employers will be more sympathetic than others. If, however, an employer is looking to reduce its workforce, incapacity can be the perfect excuse to trigger a dismissal. This can be devastating for someone seriously injured who finds themselves thrown on the labour market at a time when they are unable to work for an extended period. This really does add insult to injury.

Those relying on drawings from a business might have a management structure which allows the business to still function and provide an income. This is more unlikely in small businesses dependent on a handful of dedicated staff where the loss of one partner or sole trader can have a catastrophic effect. There will be no trade union to help. It will be sink or swim.

Over recent years, welfare benefit payment conditions have been tightened and the generous ill health pension provisions enjoyed by previous generations have mostly disappeared. One alternative is to depend on the income of a partner, savings, borrowings or part time work.

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INCOME QUICKLYREPLACE LOST

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If you are going through hell keep going.

Winston Churchill

9Small business owners, unless they are insured, quickly find themselves staring into a financial black hole due to circumstances they are not responsible for and over which they have no control. Creditors invoices multiply as customers are turned away and find other sources of supply. If this does not change, it can create a spiral ending in bankruptcy.

If who was to blame for the accident has admitted it, there is a solution. It involves asking for an interim payment from the other side to cover lost income. This is paid because Defendants, particularly the insurers and their advisors, know full well that at the conclusion of the case they will have to make good any loss of earnings in any event.

Accordingly, an insurer will usually pay the lost earnings, out of pocket expenses, property damage and the like by way of an early payment. They understand that if they do not make good these losses, they are likely to make things worse. They know anything less than a full recovery will mean them paying more compensation if someone loses their business. Making an interim payment, therefore, is a hard-nosed business decision made to save an insurer more money in the long run.

Where an inability to work lasts for a long period, payments can usually be applied for regularly. In this way much of the early financial stress can be stopped. As time passes, disputes sometimes happen if an insurer argues that the time being taken to recover is taking too long and stops the payments but it is possible to force the other side to make an interim payment by issuing court proceedings and asking a Judge to decide what happens. The slight problem with this is that the court can take a month or two to issue the proceedings. The other side then have a number of weeks to send a defence to the court and only then will the court rules allow an application for an interim payment to be made. In other words, it can take around four weeks before a court hearing takes place.

Time will be saved if all of the documents needed to establish your loss of income is sent to your solicitor as soon after the accident as possible. For employees, this should include the pay slips for three months before the accident. For the self-employed, ideally the last three years of audited accounts. If these are not available, perhaps because a business has only been running for a limited number of months, a letter from an accountant can be asked for. (There are more things that can be done which is outside of the scope of this guide but which can be discussed during a free initial call).

Where who is to blame is not agreed, obtaining an interim payment is often not possible. Here, issuing proceedings as quickly as possible and arranging for the court to decide who was responsible for the accident quickly is often the best thing to do.

In a nutshell, replacing lost income as quickly as possible can prevent a bad situation becoming worse. A Jedi solicitor will aim to do this as quickly as possible for you. Do not underestimate the power of a well-argued case in the hands of an expert dedicated to fighting your corner.

Running out of money when you are seriously injured is hell. If this happens, as Winston Churchill said, keep going! With the right help you will come out the other side.

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10To achieve an outstanding result, it is necessary to work from a position of strength.From this platform all things are possible. The moment your Jedi solicitor was asked for help, thought will have been given to assembling the key ingredients. Over time, these will be quietly assembled, blended, mixed, tasted and tested.

To proceed from a position of strength everything that can be done should be done to prepare your case for trial. The trial is the ultimate test. It is where all evidence is put under a bright shining light. The experts and witnesses will undergo a methodical cross examination. It is when unexpected facts pop out, experts start agreeing with their opponents when cross-examined and witnesses can become flustered in a way that undermines their evidence.

The good news is that if you have followed this guide, by the time you are ready for trial, you will have been scrupulously honest throughout. Your integrity will not have been questioned. Shortly after the accident you got cracking early on and avoided being captured by an organisation to whom you would have been just a number. Your case has not been dealt with by an unqualified paralegal. Better still, you found a Jedi solicitor who took the right steps and blended the right ingredients of the case from the very beginning. Photographs were taken promptly, excellent witness statements were taken. Defective equipment was preserved and examined by an engineer. Statements were taken from relatives and friends in support of your case. The medical experts were chosen very carefully to be the right ones and to be strong under cross examination by the other side. They have been supportive, clear and authoritative throughout. The finest private medical treatment and rehabilitation was obtained which allowed you to make the best possible recovery. Regular interim payments were received to replace your lost income. The trial is rapidly approaching and everyone who is acting for you is very confident.

This is what a position of strength looks like.

The second reason it is necessary to reach a position of strength is to fix in the minds of the other side, usually an insurance company and their lawyers, that you are deadly serious about recovering the full compensation to which you are entitled. The law of England and Wales places a high emphasis on protecting citizens from being injured.The insurers must be convinced that you are determined and will not crumble. If they sense a whiff of any weakness, they will try and buy your claim off for less than it is worth and make offers that have possible costs consequences to try and put you under pressure.

The insurance industry employs an army of professionals to defend, limit and attack claims brought against their policyholders. This includes specialist Defendant lawyers. The insurers pay them because they deliver results. The insurers can save money if they can successfully attack a case and reduce an injured persons’s damages. This is another reason why picking the right Jedi solicitor to fight your case is so important. If you reach the point of trial with a half-baked case prepared sloppily by an inexperienced case handler, your prospects of an outstanding result will be very low. The insurers might offer a small sum of money to eliminate the inconvenience of a trial. These are called “nuisance settlements”. Insurers know when they have a Jedi solicitor up against them and adjust their behaviour accordingly. A Jedi Solicitor knows the law and will defend their client’s position to the end and insurers know it. SERIOUS ACCIDENT

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OF STRENGTHBUILD A POSITION

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There are no more than five cardinal tastes; sour, acrid, salt, sweet, bitter, yet combinations of them yield more flavours than can ever be tasted. Sun Tzu

10pay the costs of going to trial at the end of which they will have to pay compensation anyway. This is why many personal injury claims reach a negotiated settlement well before any trial.

A settlement can happen in a number of different ways. The simplest way is your Jedi Solicitor picking up the phone and having a discussion with the insurer on the other side or their lawyers. No final agreement will be made until you give your consent to settle.It is vital that you are aware that once your case is settled it cannot be re-opened in the future and any more compensation claimed. There may be more phone calls with some “pushing and shoving” negotiations, resulting in your Jedi Solicitor persuading the insurer to pay more. An agreement is usually reached, and the terms set out in a letter. Job done. The money is usually then paid within 21 days.

If a discussion on the phone does not produce a settlement, the other side can be invited to take part in a mediation. A mediation is not as formal as a court trial. A mediation date and venue are fixed, and a mediator appointed. The mediator is neutral and will be given a bundle of all the documents in the case in advance. The mediation usually takes place in a suite of three rooms. One room is taken by the mediator while you and the other side have a room each. At the beginning, the mediator will explain his or her role is to try and bring the parties together to find common ground so that a settlement can be reached. The parties then go to their rooms with their solicitors. The mediator go back and fore to the rooms to try and encourage a settlement. Anyone can leave the mediation at any time if they wish. You do not have to see the other side if you do not want to. If and when a settlement is made, a written agreement is recorded and signed and the case ends.

If the mediation does not produce a settlement, a trial usually takes place. On some occasions a settlement is reached just before the trial starts although this is increasingly rare. The trial requires thorough and detailed preparation from all concerned. It will be sensible to refresh your memory by reading your witness statement and the witnesses should do the same. When you give evidence, you will be asked questions about your statement. It is much better to know what is in it than guess! Working through your statement in advance is particularly important if your statement was made months or even years earlier.

Courts are serious places. Trials are serious events. The Judge is in a powerful position and will listen to all the evidence very carefully. Some evidence the Judge will prefer, and some not accepted. Everything that can be done must be done to try and keep the Judge on your side. This is another reason why it is important to pick the right Jedi solicitor at the beginning. You need a solicitor who is interested, engaged and has prepared everything properly for the trial from the beginning of your case. At the end of the trial, the judge will give a verdict. While there can never be any guarantees, as trials are never certain, this is hopefully when all the preparation pays off and your outstanding result is finally reached.

I am here to help you and am always willing to have a FREE no obligation discussion.

If you, a friend or loved one, have been injured I will tell you whether there is a case, give you an idea of how long it will take and the amount of compensation that is likely.

Remember, all of this is completely FREE.

For me and my colleagues, it is a privilege to help people re-build their lives.All of us at Serious Accident Solicitors take a very deep pride in what we do. We care.

Our services are offered throughout England & Wales.

We like to see our clients and can arrange home visits.

We fight just causes for deserving people. Do not delay. Get cracking. Pick the phone up and ring now!

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T 0800 024 1400 E nia@sasols.ukwww.seriousaccidentsolicitors.co.uk

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