This guide explains why a medical after a car accident can be an important component of a personal injury compensation claim. After covering what a medical assessment involves, we lay out the eligibility criteria you must satisfy to show you can claim for an injury caused by a third party acting carelessly or recklessly on the road.
We have a dedicated section that looks at the evidence that you can gather to show how the driver is at fault and what injuries this accident caused. If you have been involved in a road traffic accident and are looking to pursue a personal injury claim you may want to know if successful what compensation could be awarded. Therefore we have provided you with a table of compensation guideline figures taken from a document often used by legal professionals.
Car Accident Compensation Claims Guide
Speak to us today to discuss your road traffic accident experience and find out about the expert service our solicitors can provide. You can reach our dedicated advisors for a free assessment by:
- Calling 0800 073 8804.
- Write to us about your potential claim online.
- Opening the live chat tab below.
Select A Section
- Do I Need To Attend A Medical After A Car Accident To Claim Compensation?
- Am I Eligible To Make A Personal Injury Claim For A Car Accident?
- Other Evidence Which Can Support Car Accident Claims
- Examples Of Car Accident Compensation Payouts
- Why Choose A No Win No Fee Solicitor?
- Learn More About Attending A Medical After A Car Accident
Do I Need To Attend A Medical After A Car Accident To Claim Compensation?
If you have been involved in a road traffic accident, it is imperative that you seek out medical attention. Even a minor injury can sometimes lead to something serious. Getting medical treatment will not only ensure you get the care you need to make a recovery but any injuries suffered and their severity will be documented, and your medical records can be used as evidence if you go on to pursue a personal injury claim.
During May 2021 the law was changed on how certain personal injury claims are made after a road traffic accident. Part of these changes was the fact that anyone involved in a road traffic accident who wants to pursue a personal injury claim must have a compulsory independent medical assessment carried out. The Whiplash Injury Regulations 2021 placed a ban on pre-med offers.
What Are Independent Medical Assessments For Road Traffic Accident Claims?
When making a personal injury claim following a road traffic accident, an independent medical assessment will be arranged for you. This is part of the claiming process. The medical assessment is often referred to as a Medico-Legal report and will be carried out by a doctor who is independent of the claimant and defendant.
The aim of the assessment is to evaluate:
- Consistency between your injuries and what would be expected from an accident of that nature.
- The severity of your injuries.
- A prognosis
- An assessment of the likely impact on your quality of life.
You will be referred to an independent medical professional, who will provide a report of their findings. They will be trained in the field relevant to your injuries – for example, a psychiatrist would assess psychological damage.
The medical professional who sees you may ask questions about the incident and your medical history. You might also be asked to show how much you are affected by the injuries.
If you want to know more about attending a medical after a car accident, please keep reading our helpful guide.
Am I Eligible To Make A Personal Injury Claim For A Car Accident?
All road users owe each other a duty of care to navigate the roads in a way that prevents injury and damage to themselves and others. Acting recklessly or carelessly could constitute a breach of duty, so road users should follow rules and guidance from the Road Traffic Act 1988 and the Highway Code.
Suffering an injury in a car accident does not automatically qualify you for a personal injury compensation claim. To hold a valid claim, the accident must have been caused partially by another road user. Therefore they hold some liability for the harm you have suffered.
A personal injury claim for a road traffic accident must establish third-party negligence by showing that:
- A fellow road user owed you a duty of care.
- They breached this duty.
- The breach led to an accident which caused physical and/or psychological harm.
A personal injury claim must also start within the time limit set out by The Limitation Act 1980. The limitation is set as three years from the accident date, though a limited number of exceptions could alter the time frame.
Please speak to us today if you want to know more about how to claim, and an advisor can explain how the criteria apply to your case.
The Whiplash Reform Programme
On 31st May 2021, the Whiplash Reform Programme and the Whiplash Injury Regulations 2021 were introduced which brought about a change to how some personal injury claims are made after a road traffic accident. For adults involved in a road traffic accident who are the passengers or drivers of a vehicle if the injuries are valued at £5,000 or less the claim process if slightly different. Also, the regulations mean that any whiplash injuries suffered would now be valued according to a fixed tariff.
To find out which avenue you make your personal injury claim through after a car accident call our advisors now and after a free case assessment they will be able to provide information on your next steps.
Other Evidence Which Can Support Car Accident Claims
Results of a medical after a car accident can be used as evidence in your personal injury claim, but other forms of proof are an important part of the claims process. You may prove a car accident was not your fault by presenting:
- Footage captured on a dashcam, CCTV or traffic camera.
- Photographs of the accident scene.
- Witness contact information.
Gathering and presenting evidence is one of the tasks our solicitors can help a claimant with during a claim. You can learn more about the importance of collecting proof, and how to go about it, by talking to an advisor.
Examples Of Car Accident Compensation Payouts
Success in a personal injury claim after a road traffic accident leads to you receiving a settlement. This compensation could be split into two heads of claim, which are:
- Special damages, covering financial losses caused by injuries. You could present payslips or receipts to show, for example, a loss of earnings or prescription costs. This can only be claimed if your settlement contains;
- General damages, the head of claim accounting for physical and psychological harm.
Legal professionals figure out general damages by calculating the value of each injury included in the claim. This is another reason why a medical after a car accident could be significant to your case. Alongside medical evidence, professionals could turn to the Judicial College Guidelines (JCG) to aid their calculations.
We have used JC guideline compensation brackets to complete the table below:
Compensation table
Please note that payouts for car accident claims are unique and the figures in this table should only act as a guide. However, the Whiplash figures are fixed amounts from the Whiplash Injury Regulations 2021 tariff.
| INJURY | COMPENSATION | NOTES |
|---|---|---|
| Head – Moderately Severe | £219,070 to £282,010 | The award takes into account a number of factors including, life expectancy, insight, physical limitations and dependence on others. |
| Back – Severe (i) | £91,090 to £160,980 | The most serious of back injuries, accompanied by spinal cord and nerve root damage, with significant consequences. |
| Neck – Severe (i) | In the region of £148,330 | A neck injury that leads to conditions such as spastic quadriparesis or incomplete paraplegia. |
| Leg Amputations – Below-Knee Amputation Of One Leg (iv) | £97,980 to £132,990 | A traumatic amputation where the affected person is still conscious. |
| Chest – Traumatic Injury To Chest, Lung(s) And/Or Heart | £65,740 to £100,670 | Such damage bring about permanent after-effects and a reduced life expectancy. |
| Pelvis and Hips – Severe (ii) | £61,910 to £78,400 | Examples include a traumatic myositis ossificans and ectopic bone forming around the hip. |
| Injuries Affecting Sight – Complete Loss Of Sight In One Eye | £49,270 to £54,830 | This award takes account of some risk of sympathetic ophthalmia. |
| Other Arm Injuries | £6,610 to £19,200 | Simple forearm fractures. |
| Whiplash Injury Tariff | £4,215 | One or more whiplash-related injury lasting more than 18 months but no more than 24 months. |
| Whiplash Injury Tariff | £3,100 | At least one whiplash injury and one or more minor psychological injuries with a duration of more than 15 months but no more than 18 months. |
Why Choose A No Win No Fee Solicitor?
Our solicitors could help you navigate the claims process, assisting with such important tasks as submitting a claim in time and utilising evidence from a medical after a car accident.
If you have a valid claim and want professional guidance, a solicitor could offer you a Conditional Fee Agreement (CFA).
As a form of No Win No Fee contract, a CFA ensures that you don’t pay for your solicitor’s work up front, while your case is progressing or at any stage if the claim fails.
You pay what is referred to as a success fee at the end of a winning claim. This is a percentage of the compensation that your solicitor will agree with you in advance. The Conditional Fee Agreements Order 2013 ensures that the proportion a solicitor can collect is capped.
How To Contact Our Team About Your Case
Whether you’re interested in working alongside one of our solicitors or would first like to learn more about a medical assessment, our advisors are on hand for round-the-clock advice. Your potential road traffic accident claim can be assessed, all without either charge or obligation to start legal action. Come and speak to us today through any of these options:
- Phone: 0800 073 8804.
- Website: Ask about a claim online.
- Live chat: Send a message in the tab below.
Learn More About Attending A Medical After A Car Accident
We have even more guides that answer car accident claim questions, including:
- How much compensation can I claim for a drunk-driving car accident?
- How do foreign vehicle car accident claims work?
These resources can also be useful:
- NHS advice on recovery from surgery.
- Think! – Road safety laws.
- Government statistics on road traffic accident casualties.
Thank you for reading our guide on completing a medical after a car accident, and please call if you have any questions.
