The Steps to Make a Personal Injury Claim

Millions of people are injured in accidents each year- this could be at home, in their cars, at work or outdoors. In some cases there may be someone at fault for the accident, and if so they could be entitled to some compensation!

If you have been injured and it was not your fault then please give Nayyars a call and we will be able to tell you whether you have a claim or not.

If you are eligible to make a claim we will need the following information from you;

1. The date of the accident;
2. The location of the accident;
3. How the accident happened;
4. Vehicle registration details;
5. Name and address of the other driver;
6. Details of any passengers;
7. Make and model of the other vehicle;
8. Details of damage to both vehicles;
9. Whether the police attended;
10. Contact details of any witnesses;
11. Any photographs taken at the scene;
12. The details of your injuries and any treatment received.

Here at Nayyars we work on a no win no fee basis, which means if you are unsuccessful then you will not have to pay us a penny!

Once we have all of the details we can submit your claim to the other driver’s insurance company. They will then have 15 business days to investigate it and respond. If liability is accepted by them for their insured then the next step is to obtain independent medical evidence into your injuries. We will also collate details of any other financial losses.

Our dedicated solicitors help you every step of the way! They will be on your side dealing with the insurance companies to ensure we get the best outcome for you.

We will obtain the maximum compensation for you and our aim is to do this as quickly as possible.

If you have been in an accident in the last 3 years then give us a call today.

Fatal Accidents – A Claim Following A Hit And Run

At Nayyars, we regularly act for clients who have lost loved ones as a result of fatal accidents. These kind of cases require the sensitivity of “face to face” Solicitors who understand that whilst no amount of money will ever compensate for the loss suffered, it can go a long way to relieving some of the financial pressures experienced along the way.

We recently acted for the parents of a seven year old girl who had been fatally injured following a hit and run outside a Supermarket. The person responsible had stolen a prestige vehicle and was speeding at the time. He was later caught by the police and sentenced to nine years in prison for causing death by dangerous driving.

Understandably, both parents had suffered severe psychological trauma as a result and were unable to return to work. From the moment of the initial meeting with the clients, the team working on this case were heartbroken for them and were determined to secure the best possible outcome. We always work hard for our clients but fatal injury cases always bring the team together.

There is a bereavement award available following a person’s death to their spouse or parents if the deceased is a child under the age of 18. This award is set at £12,980.00, which seems inadequate for such a loss, but is set low as a matter of public policy (basically so as not to provide any real financial incentive for losing a child or spouse). We were able to secure and present our clients with a cheque for this sum within 12 weeks of receiving initial instructions. We understood the need to keep things as simple as possible for them, and to keep things moving without complication.

In these type of cases, we are also able to secure any funeral expenses incurred. We understand how expensive funerals can be and we fight to recover the costs from the Defendant. This family will never recover from the death of their daughter, but no one should struggle with debt as a result of a fatal accident.

We are now pursuing secondary victim claims on behalf of both parents. It is important that they get the financial support that they need to create space so that they can best cope with their psychological injuries. Both have suffered PTSD as a result of witnessing the death of their child, and often experience flashbacks of what happened. Whilst we can’t even begin to imagine what that’s like, we know that there’s something we can do to make it easier for them. Nayyars have a reputation for standing in the gap and fighting for clients that don’t have the energy or ability to fight for themselves.

Burden of Proof

If you are considering filing a claim for personal injury you should be familiar with a legal concept known as the burden of proof. The burden of proof is the threshold that a party seeking to prove a fact in court must reach in order to have that fact legally established. Parties to a claim prove facts in court by presenting evidence, such as witness evidence and documents like medical records and expense receipts. There are different burdens of proof (sometimes called “standards of proof”) for different types of cases.

Most people are familiar with the burden of proof applied in criminal cases. In a criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, in other words, the prosecutor must establish that there is no reasonable conclusion to reach other than that the defendant is guilty of the crime charged. This burden of proof is very high. Fortunately for injured people, it does not apply in personal injury claims.

The burden of proof applied to most civil cases, including personal injury claims, is much lower and is not as challenging to satisfy. In a personal injury claim, the plaintiff (or his or her lawyer) must prove his or her case by a preponderance of the evidence. Proving a proposition by a preponderance of the evidence requires demonstrating that the proposition is more likely true than not true. If you bring a personal injury claim, you or your lawyer must prove that the events in your version of the case “more likely than not” occurred the way you claim they did.

Most personal injury claims involve the legal concept known as negligence. In order to win a personal injury claim, you must establish each of the four elements of negligence by a preponderance of the evidence. There are four elements of negligence; that the defendant owed you (the plaintiff) a duty; that the defendant breached that duty; that the breach caused your injuries and any other losses; and that money damages will compensate you for your injuries and any other losses. If you cannot prove that each of the following elements more likely occurred, you cannot win your personal injury claim in court. 

Duty of Care

Generally, you must first prove that the defendant owed you a duty to exercise reasonable care and caution with respect to your personal safety. Typically, the duty of care is obvious and it is not difficult to establish that a duty of care existed by a preponderance of the evidence. For example, there is little question that anyone who operates a motor vehicle must do so with caution in order to ensure the safety of others on the road. Similarly, property owners are generally understood to have a duty to keep visitors to their property safe and free from unreasonable harm. 

Breach of Duty

You must next prove that the defendant breached the duty of care. Generally, this means that you must prove by a preponderance of the evidence that the defendant failed to act the way a reasonably careful person or entity would have acted in the same situation. Sometimes, it is very easy to prove that a defendant breached the duty of care. For example, someone who drives drunk and causes a car accident has obviously breached his or her duty to operate his or her vehicle safely and keep other people on the road free from unreasonable harm.

In other cases, it may be much more difficult to prove that the defendant breached the duty of care by a preponderance of the evidence. For example, expert witnesses in a personal injury case arising from a slip-and-fall accident in a grocery store may disagree about whether or not a reasonable store employee would have been able to identify the slick surface that caused the fall and clean it up in enough time to prevent the accident. But remember, the preponderance of the evidence standard is relatively low and you can present other evidence, such as eyewitness evidence and photographs of the accident scene. In this scenario, you would only need to prove that a reasonable person would have more likely than not been able to identify the slick surface in the store and clean it up in time to prevent your accident. 

Causation

Next, you must prove that the defendant’s breach of duty was the legal cause (or at least a partial cause) of your injury. That is, you must prove that but for the defendant’s conduct, your injuries would not have occurred. In many cases, causation is obvious. If the defendant drove over your foot in a parking lot and you suffered broken bones, then it is clear that but for the defendant’s careless driving, you would still have a healthy foot. In other cases, it may be more difficult to prove causation. For example, if you have a preexisting back problem, you may have a more difficult time that being rear-ended by the defendant’s vehicle caused your current back pain. 

Damages

Finally, you must prove that you suffered injuries or other losses that can be remedied by money damages. Generally, proof of injury is made through photographic and demonstrative evidence, medical records, and evidence of your medical providers. The amount of money damages that you seek must also be supported by evidence. Examples of evidence that might support the amount of money damages you seek include medical treatment records, medical bills, and payroll information from your employer to establish lost income. You may also testify about the pain and suffering you experienced after your accident or an overall reduction in the quality of your life.

Making an Injury Claim When You Have Minimal Damage – Low Speed Impacts

Being injured in an accident doesn’t only happen when the impact is severe enough to scrape your vehicle or cause serious dents. For example, when you’ve been in a collision with a much smaller vehicle, you may only have some scratches to your own vehicle, even if you were jolted quite significantly in your vehicle. Cars today are built to withstand damage even when hit with significant force.

In such a scenario, you may be concerned that it will be difficult to make a personal injury claim as the damage on your vehicle may not support the extent of your injuries. This has now become a frequently contested point and Third Party Insurers will often argue that the collision was a low velocity impact (LVI), and could not have caused sufficient occupancy movement (caused you to jolt in your vehicle) to cause your injuries.

However, at Nayyars we can still pursue claims for injury where the damage to the car has been minimal as long as you can prove that you were injured.

Make sure you send photographs of your damage to your solicitors at the inception of your claim so they are aware of the damage to your vehicle. If you have got your vehicle repaired yourself, make sure you retain your repairs receipt for the purposes of your claim.

The most important factor in such cases is your medical evidence. It is important that you go to the doctor immediately if you have been in an accident. It is best to get your injury checked out. Even if you know they will only recommend you take over the counter painkillers, it is important you attend and that your GP has a record that you have reported the injury. Third Party Insurers will almost always request sight of your full medical records in LVI claims. If you have attended your GP, it will support your claim.  If your injuries persist, make sure you go to the GP again rather than continuing to suffer and self-medicating.

It is also important that your medical evidence is consistent. When you first report your claim to your solicitors, it is very important you tell them if you have attended your GP or hospital following the accident and on which date. You should also make sure that when you attend your medical examination that you inform them of this attendance as well, with the correct date you attended.

Taking time off work can also support the extent of your injuries if they were reasonably severe on the day. This is also important to report at the beginning of your claim and to your medical expert for the purposes of your medical report. We can get a record of this from your employer.

You must not exaggerate the extent or length of your injuries when you attend your medical examination, or the level of impact. If the impact was light, inform the expert of this. Also inform the expert of any previous accidents you have been involved in and if there is any overlap in your injuries from your previous accidents. If you do not recall the exact dates of your previous accidents, request this information from your solicitors.

We have often won cases for our client’s where LVI has been raised by the Third Party Insurers but the cases often hang in the balance of the consistency of their damage and their injuries being reported. Make sure you follow the above advice and steps to increase the likelihood of your claim being successful.

If you have been involved in a car accident, then call the Nayyars Team on 0161 491 8520.

Read Ayesha’s Blog on Her Win!

* *Win at The English Asian Business Awards* *

It is ironic that a child of immigrant parents who came over to England in the 1960’s and had no interaction with any professionals would end up winning an award for The Best Professional in Business at The English Asian Business Awards this week. There were some amazing finalists in my category so I was completely taken aback when I won. On occasions like this, I realise how far I have come.

Growing up in the working classes of inner city Manchester gave us the resilience and self-belief that with the right attitude and work ethic we could achieve all our goals. Failure is never an option and despite struggles we never give up. At every stage of my career, I have always set my sights high. It is humbling to be a role model for the next generation but I just hope they realise that none of it has been achieved without an incredible amount of time and effort, sleepless nights and dedication to the profession. There really is no substitute for hard work.

It helps that I love my job and am passionate about fighting for my clients and getting them the result they deserve. We don’t just go the extra mile at Nayyars, there are times at the end of the day when I have driven home both mentally and physically exhausted, feeling like I have run a marathon. But I always look forward to starting all over again in the morning.

I am Principal Solicitor at Nayyars Solicitors and the award recognised it as a successful business. A lot of the credit should be given to the Nayyars Team who share my philosophy. I cannot thank my parents enough especially my dad, who had he been alive today would have been so proud. They gave me the best start in life.

Finally none of it would be possible without the support, love and encouragement of my amazing husband and girls who give me the opportunity to achieve.

Acid Crime Makes Me So Angry

Recent statistics from the Acid Survivors Trust report that the U.K has the highest rates of acid attacks per capital in the world. There were 400 incidents over a 6 month period in 2017 which means that more than 2 acid attacks are happening each day. We cannot ignore this growing phenomenon. Acid crime is not restricted to far flung destinations, it is happening on our streets.

The recent case of Joanne Rand was covered heavily in the press. She sadly died as a result of acid being thrown on her when she was caught in the crossfire of two rival gangs. Whatever the reason for throwing the acid was, she was an innocent bystander who died as a result. This was tragic for her family but for a solicitor who represents victims of acid crime it made me so angry.

The perpetrator was sentenced on 31^stJuly to seventeen years in prison having pleaded guilty to the lesser charge of manslaughter (he was originally charged with murder). He himself had been the victim of acid crime with heavy scarring on the side of his head. He knew exactly what the consequences of throwing acid would be. He still chose to carry a bottle of acid and then to use it as a weapon.

On 21^stJuly this year a three year old boy out shopping had acid thrown on him. What kind of country have we become?

I have given a number of interviews to the press over the last few days from a lawyer’s perspective on acid crime and the sentences that are being awarded to those found guilty. Yes, I agree they are long custodial sentences but when you know first-hand the life sentence that someone living with the scars of a horrific acid attack will live with, then in my view they are not long enough.

Acid victims have long been pushing for life sentences to be given to anyone significantly injuring someone through the use of acid, however this type of sentence is yet to be given. We need the Courts to send the right message out to the criminal fraternity that acid crime will not be tolerated.

Ayesha Nayyar

Principal Solicitor

Recent statistics from the Acid Survivors Trust report that the U.K has the highest rates of acid attacks per capital in the world. There were 400 incidents over a 6 month period in 2017 which means that more than 2 acid attacks are happening each day. We cannot ignore this growing phenomenon. Acid crime is not restricted to far flung destinations, it is happening on our streets.

The recent case of Joanne Rand was covered heavily in the press. She sadly died as a result of acid being thrown on her when she was caught in the crossfire of two rival gangs. Whatever the reason for throwing the acid was, she was an innocent bystander who died as a result. This was tragic for her family but for a solicitor who represents victims of acid crime it made me so angry.

The perpetrator was sentenced on 31^stJuly to seventeen years in prison having pleaded guilty to the lesser charge of manslaughter (he was originally charged with murder). He himself had been the victim of acid crime with heavy scarring on the side of his head. He knew exactly what the consequences of throwing acid would be. He still chose to carry a bottle of acid and then to use it as a weapon.

On 21^stJuly this year a three year old boy out shopping had acid thrown on him. What kind of country have we become?

I have given a number of interviews to the press over the last few days from a lawyer’s perspective on acid crime and the sentences that are being awarded to those found guilty. Yes, I agree they are long custodial sentences but when you know first-hand the life sentence that someone living with the scars of a horrific acid attack will live with, then in my view they are not long enough.

Acid victims have long been pushing for life sentences to be given to anyone significantly injuring someone through the use of acid, however this type of sentence is yet to be given. We need the Courts to send the right message out to the criminal fraternity that acid crime will not be tolerated.

Abba -Money Money Money Must Be Funny in a Rich Man’s World

We would all have more money if we made simple savings in our personal lives and at work.

In our personal lives have we got a little lazy, we work hard for our money and then waste rather than save. We can help ourselves to do simple things that can save us money. Counting the pennies really does result in saving in pounds!

As Financial Controller at Nayyars saving money is an area I have become very good at. This blog will try and share tips of knowledge I have picked up in the last 36 years of my working life!

5 Tips for your Personal Finances

1. Check your bank statements and know what you are paying for! This sounds simple but so many people do not check every transaction on their bank statements. You may be being charged for something you do not use, you may not aware you have become a member of a company on the internet in error or the bank may simply have made an error. With Banks having Apps that you can download onto your phone this should take no more than a couple of minutes every day.
2. Charge you mobile in the evening but not overnight – it takes 2 hours to charge not all night. This will save on wasted electricity. It may only be a small saving but over the years this adds up.
3. Do not leave any items on standby – a TV not being switched off alone could cost you £15.00 a year, these days we all have a TV in each bedroom as well as 2 downstairs, this speaks for itself.
4. There is no shame in asking where you can for a discount! Play on your loyalty or threaten you are going to leave the company. They need you – if you do not ask you do not get!
5. Make a budget and stick to it. How many of us have no idea how much we want to spend. Do this every time you go shopping and stick to the budget.

5 tips for your Workplace Finances

1. In the workplace we need to monitor what we spend money on. Usually the biggest running costs apart from salaries are stationery, post and printing. Apart from being eco-friendly going paperless and emailing all correspondence, will reduce these overheads phenomenally. Think before you post anything!
2. Always negotiate with suppliers and compare prices. A bit of early work when setting up deals will reap benefits in the long run.
3. Turn off the computers, printers, copiers, lights every evening you pay for the electric supply
4. Always ask for fees to be waived or at least reduced where you have not been paid yourself. Develop a working relationship with the companies that you work regularly with so they appreciate the good times and the bad.
5. Cancel the subscriptions to any magazines you do not read. Do not book training courses or programmes that will not result in a financial benefit to your company.

We live and work in competitive times and we really do need to make every penny count.

What are the JC (Judicial College) Guidelines?

One of the regular questions that crops up when a Claimant has suffered an injury is ‘How much will I get?’ although the solicitor wants to obtain the best amount of compensation, the answer to the question is not so simple.

It is useful to note that the severity of the accident does not dictate the valuation; it is the severity of the injury that is most important. A non-dangerous accident resulting in significant injuries would be worth more than a serious incident where the Claimant suffered only scratches.

Once an admission of liability has been conceded and a medical legal report has been provided by a medical expert, a true valuation of the claim will be obtained. The Claimant Solicitor will usually wait until the Claimant has reached their full recovery before preparing an assessment of the value of the claim. The Judicial College Guidelines will then be looked at.

If an agreement could not be reached between the parties to settle the Claimant’s claim, the claim would proceed to a final court hearing. The Judicial College Guidelines would then be looked at by the judge. The latest addition of the judicial College Guidelines is the 14th Edition.

The Judicial College Guidelines is an assessment of General Damages, which is used to determine the value of a personal injury claim following the injuries the Claimant has sustained in an accident.

It is imperative to note that the Guidelines are only guidance, they are not law. In addition to the Judicial Guidelines it is always helpful to have knowledge of similar case law to help determine the likely value of the claim. Such relevant case law will depend on facts such as, similar injuries sustained and similar age of the Claimant injured in a similar accident. One other important factor to take into consideration is whether the Claimant is male or female. For example a female victim who has suffered an injury to the face will generally recover more damages than a male. The circumstances of the case must be regarded as the ultimate determinative factor in any award for general damages.

Case law can sometimes differ slightly from the guidelines. Solicitors will always use the Judicial College Guidelines in addition with case law to advise the Claimant on the full value of the claim. However,  where the Claimant states that they are still symptomatic and want to know how much their claim may be worth, Solicitors are not deriving away from the question when they say don’t know, they really don’t.

The Guidelines reflect inflationary changes, any new decisions on quantum and any changes in policy. Therefore, in each subsequent edition, the figures will increase from time to time. As there has been two years between the publication of the 13^th and the 14^th edition, the increases will reflect the changes over this two year period. It also continues to include an additional column of figures indicating the 10% uplift in general damages, this was outlined in the Court of Appeal case of Simmons v Castle 2012.The 10% uplift is included to reflect government reforms which meant that a success fee was no longer recoverable from the third party by the Claimant Solicitors.

The Judicial College Guidelines are not particularly straight forward and therefore the Claimant should always discuss the value of general damages with their Instructing Solicitor.

At Nayyars Solicitors we are experts at valuing personal injury claims. If you have been injured in an accident then give our team a call today on 0161 491 8520.

Becoming An Apprentice Within A Law Firm

Leaving school and stepping into the real world was a massive change. I began looking for apprenticeships as I was very drawn to doing an apprenticeship and learning practically rather than just in a classroom environment. I knew I wanted to do something in Law so I began searching on the GOV website where I came across Nayyars Solicitors.

I applied for the role and I was given the opportunity to go for an interview in Manchester city centre. Following from this I was contacted by Nayyars to go into the offices for an interview. This was very nerve racking for me as this is my first full time job. As soon as I arrived at Nayyars I knew that this was the kind of place I would like to work if I was lucky enough to get my foot in the door. I was interviewed by Carolyn who is our Financial Controller and she put me at ease. On the day I was offered the job and asked to start the next week.

I started work at Nayyars in July 2017 at the age of sixteen. This was a massive opportunity for myself to work within a law firm after just leaving school. All of my colleagues were so welcoming and helped me out a lot when I first joined the firm. Sometimes people think being an apprentice just involves filing, doing jobs no one else wants to do and making coffees for everyone, but working at Nayyars has proven to me this is not correct.

I am studying with Chesterfield College to get my qualifications. Adele from Chesterfield College continuously sets me coursework to complete within deadlines. Sometimes the coursework can be challenging but with the help of colleagues and my experience I am able to complete these for the deadline. Adele also comes into the office each month and spends an hour with me to see where I am up to and to look at my improvements.

Before I worked at Nayyars I knew very little regarding law, personal injury, immigration etc. I have found it interesting to learn the process of each of these things whilst working here. I learn something new every day in my job and each day I am faced with another challenging task which helps me improve in my job role.

In the future I would like to progress on my knowledge of the Law and I know this is something Nayyars will be able to help me with. I would recommend a legal apprenticeship as it is a great way of stepping on to the legal ladder.

What is Whiplash?

Whiplash is a type of neck injury caused by a sudden, unrestrained, movement of the head forwards, backwards or sideways. It occurs when the soft tissues in the neck become damaged or stretched.

Commonly whiplash generally results from a traumatic event such as a motor vehicle accident. Other causes may include bungy jumping, roller coasters or sports related injuries.

Common symptoms of whiplash include:

• Neck pain/ Shoulder pain and stiffness/ tenderness
• Back pain and stiffness/ tenderness
• Arm pain and weakness/ numbness
• Headaches
• Dizziness
• Fatigue
• Ringing in the ears (tinnitus)
• Pins and needles sensations

In more severe cases of whiplash, symptoms may include:

• Depression
• Anger
• Stress
• PTSD
• Insomnia
• Anxiety and frustration
• Memory loss

It is a relatively common injury but is typically not life threatening. However it can lead to a prolonged period of partial disability.

Most people involved in minor road traffic accidents recover quickly without any severe symptoms however some came experience symptoms for years following the injury.

In light of the wide variation in symptoms, there are suggestions that the symptoms are created for economic gain. Unfortunately whilst there will always be people willing to attempt to mislead the system for personal gain, whiplash is a real condition with genuine symptoms.

Whiplash can be treated as follows:

• Ice on the neck in a towel to reduce pain and swelling. This must be done for approximately 10-15 minutes every few hours for a few days until pain ceases.
• Taking painkillers such as ibuprofen or naproxen will help with any swelling. This should be checked with a doctor. If over the counter medications do not work then prescription painkillers and muscle relaxants may be recommended.
• Using a neck brace or neck collar if the doctor recommends this.
• Applying heat to the neck however this should only be done after ice has been used for a few days prior.
• Other treatments such as massage are recommended.
• Stretching exercises to encourage flexibility, strength and good posture.
• Active treatment as recommended by a physiotherapist.

As the symptoms and severity of whiplash injury can vary from person to person depending on the type of accident, the good news is that research shows the large majority of sufferers recovery within a few days to a few months with active treatment.

This blog is not intended to provide any medical advice and if you are suffering from symptoms you should always seek medical attention.

If you have been in a car accident and have sustained a whiplash injury, contact Nayyars Solicitors on 0161 491 8520 to discuss making a claim for personal injury.