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Legal News

Passenger Road Traffic Claims (30 May 2018)

Date: 30/05/2018
Duncan Lewis, Legal News Solicitors, Passenger Road Traffic Claims

If you have been involved in any type of road traffic accident (RTA) that was not your fault, you have the right to claim compensation from the party responsible. RTA’s are arguably the most common type of personal injury claim.

Bringing a Claim

In order to bring a claim, it must be proven that;

  1. The defendant owed the claimant a duty of care;

  2. The defendant was in breach of that duty and;

  3. The breach caused the claimant injury and consequential loss which were reasonably foreseeable.

Civil litigation seeks to settle disputes between two or more people that seek compensation.

We at Duncan Lewis specialise in Personal Injury claims such as RTAs with the aim to maximise damages for our clients and will take all legitimate steps to achieve that goal.

Our personal injury lawyers will ensure that all of the claimant’s evidence is accurately presented to the other side in order to negotiate settlement. This evidence will take into consideration evidence including reports from medical experts, witness statements and details of losses which may have incurred as a result of the accident. This will include for example, loss of earnings and the cost of physiotherapy.

Injuries and Compensation

The extent of RTA injuries can vary significantly. The likely result of a multi passenger RTA claim is that each claimant may have been injured in a different manner depending on where they were seated on impact and whether or not those passengers were wearing seat belts.

If a passenger has extensive injuries resulting in long term physical or mental incapacity, the claim is likely to take a longer time to settle. The amount of compensation awarded will usually be determined by the type, extent and duration of the injury and whether the claimant was wearing a seatbelt.

A Question of Liability

Many RTA claims are settled out of court by the insurers of the person responsible for the accident.

If the third party driver is uninsured, there is an issue with their insurance policy or liability is denied, our experienced personal injury lawyers will still be able to assist.

A claimant has up to 3 years from the date of the accident to bring a claim or negotiate settlement, otherwise the matter could be time barred unless there are exceptional circumstances. A child claimant has up until their 21st birthday to make a claim for an RTA.

It is important that a claimant passenger seeks legal advice as soon as possible to help ensure that all of the necessary evidence is considered.

Julie Leslie, Solicitor and Director of Personal Injury at Duncan Lewis, is well versed in serious and complex road traffic passenger claims, with more than 14 years’ experience dealing with a wide variety of personal injury matters. She understands that every claimant is different and deals with each case with sensitivity and determination. Julie will pursue a claim, instructing all necessary experts to make sure the claim is settled fairly. It is this tenacity which makes her an expert in her field.

To Contact Julie, please call 0207 7275 2847 or email her via juliel@duncanlewis.com.

Duncan Lewis Personal Injury Solicitors

Duncan Lewis Personal Injury Solicitors have extensive experience representing clients who have sustained injuries as a result of accidents. Our personal injury solicitors are proud of their reputation for being caring and considerate in their dealings with personal injury.

Personal injury claimants usually have three years from the date of the injury to issue a claim at court for road traffic accident compensation otherwise their matter could be statue barred. Due to the limitation period for personal injury claims, it is important to seek legal advice from Duncan Lewis personal Injury solicitors as soon as possible if you are injured in a road traffic accident.

Family members can call us for advice on making a claim if someone close to you has been injured and is still recovering in hospital. For expert legal advice, call our Personal Injury Solicitors on 0333 772 0409.

Call us now on 033 3772 0409 or click here to send online enquiry.
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