Saturday, June 19, 2010

Get Compensation For Your Car Accident Claim Today

Although we Britons are fortunate that injuries and illnesses do not in and of themselves lead to penury - thanks to our National Health Service - those who are victims of another's carelessness still suffer pain, disability and in many cases, loss of wages. Unfortunately, the costs associated with legal representation often prevent these individuals from filing a car accident compensation claim. Thus, such accident victims may fail to collect funds to which they may be entitled in compensation.

Contingency Cases
Increasingly, solicitors here in the U.K. and abroad are willing to take such injury cases on what is properly called a contingency basis. This means that s/he will file a road traffic accident claim on your behalf and either (A) attempt to reach a settlement with the defendant, or (B) argue your case before the bench. S/he collects a fee from you, the claimant, only if s/he is successful in this endeavor - otherwise, you owe him/her nothing. This applies whether one brings suit over the death of a loved one or if the case involves something relatively minor such as whiplash injury claims.

Ancient Precedent
The idea that one should be compensated for one's injuries caused by another is an ancient principle in English law, predating the arrival of the Normans. Had there been motorcars in King Aelfred's time, for example one who was injured by someone who had perhaps had mixed a bit too much mead with his petrol would have brought his car accident compensation claim before an assembly of freemen, known as the the folc-gemot. If this assembly found the claim to be a valid one, the party responsible for the injury would have been ordered by the assembly to pay an amount of gold or silver to the victim, which in those days was called were-gyld or "man-price."

Modern Practice
In Anglo-Saxon times - and in fact, until relatively recently - this principle was applied rather unevenly; one who had great wealth and influence was far more likely to either receive compensation for an injury, or if he was the responsible party, escape liability altogether. We today can thank Lord James Atkins, the great Welsh jurist of the early 20th century for today's law of negligence. Although this particular case had nothing to do with motoring or claims (it was actually about a dead snail in a bottle of ginger beer), it established the central concept of British tort law as defined by another of our nation's great jurists, Lord Colin Blackburn, who said:
"Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision."

This principle applies whether you trip over a child's toy left on the curb or have grounds for a road traffic accident claim - and thanks to no win no fee solicitors, you needn't have great wealth and influence to bring your case before a judge.

No comments:

Post a Comment