The Legal Process Explained

The legal process

Your step by step guide

If you have lost a loved one or have been injured or affected as the result of a road traffic accident, it can be very difficult to deal with legal matters at such an emotionally distressing time.

A specialist lawyer can guide and support you through the process. Please call us on 0345 123 5542 or 01924 562 252.

Increase in Statutory Bereavement Award

The Statutory Bereavement Award which is paid to parents of a child under 18 or to the widow or widower following the death of their married spouse has increased to £15,210 thanks to The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020. The previous award was £12,980 when the death occurred after 1st April 2013.

 

It only applies to deaths which occur after on or after 1st May 2020. Put another way, it is NOT retrospective so does not apply to deaths which occur before that date.

Legal process

  1. 1. Criminal proceedings
  2. 2. The inquest
  3. 3. The civil claim for compensation which may follow

It is vitally important that you always employ a lawyer that is appropriate to your needs. Always make sure that any firm you approach is accomplished in dealing with personal injury claims and specifically those involving serious or fatal injuries – this may also be referred to as a ‘PI lawyer’. Do not be afraid to ask for references and examples of work they have successfully presented.

 

Although SCARD does not recommend solicitors, we have extensive experience of working closely with Emsleys Solicitors and Andrew Greenwood, an expert in fatal and serious injuries.

No Win, No Fee agreements (which are more accurately called Conditional Fee Arrangements) ensure that if you do not win your accident claim, you would not normally have to pay your solicitor a fee. If you win your case, your compensation will be reduced to take account of changes brought in by the Government in April 2013, as not all of your solicitor’s costs will be paid by the defendant.

 

Emsleys’ Promise: As a result of its ongoing relationship, Emsleys does not take any additional monies from clients referred by SCARD, allowing them to retain 100% of their compensation.

 

If you need ANY legal help and advice, we can arrange a free consultation with SCARD’s specialist road traffic solicitors. For further information, please call us on 0345 123 5542 or email us at: info@scard.org.uk.

 

Further solicitors can be found via the links below:

Law Society Website APIL Website

About Andrew Greenwood

 

Since qualifying over 35 years ago, Andrew has become a specialist in the sensitive area of serious and fatal injuries, having gathered a wealth of knowledge and experience dealing with numerous high profile serious injury cases across the country.

 

Andrew’s area of expertise lies with victims of serious brain and spinal injuries, and fatal injuries. Andrew’s experience of representing the family of a teenager who was tragically killed in a fatal road traffic accident 25 years ago inspired him to help to set up SCARD with other Trustees. Andrew has continued his role as a Trustee of the charity ever since its launch, dedicating time to speaking to families all over the country and helping to guide them through the process of legal proceedings in the Crown Court or Magistrates Court and inquests in the Coroners Court. In addition, he has pursued tirelessly compensation for those who have been bereaved, free of any pressure of TV advertising or other less altruistic methods of claim.

 

As well as working closely with SCARD, Andrew is also involved with several other charities who work on behalf of accident victims and their families. He is on a panel of solicitors accredited by the charity, Headway, which provides help and support to people affected by brain injury, and has also received formal training from the Spinal Injury Association.

 

Andrew is an active member of the Association of Personal Injury Lawyers (APIL) and is one of only a handful of solicitors in the country to have been personally recommended by one of the country’s top personal injury barristers, Bill Braithwaite QC.

 

In addition to his work as a personal injury solicitor, Andrew works part-time as a Judge dealing with civil cases.

Emsleys are specialists in both complex and straightforward personal injury cases, with specific expertise in claims related to brain and head injuries and catastrophic injuries. They are one of only a handful of UK experts in fatal accidents claims.
 

Emsleys act for individuals, and the families of those injured or killed as a result of accidents on the road, in the workplace and in public places; cycle accidents, defective products and criminal assault, for whom the physical and emotional consequences are far reaching.

 

All clients have a dedicated Personal Injury expert, whom they can meet in person, and who will lead them through the claims process, taking away the anxiety of the situation as far as possible. Working with a team of experts locally and nationally including consultants, rehabilitation experts, clinicians and barristers, Emsleys aim for maximum damages to ensure on-going rehabilitation costs are met, and they can often secure interim funds where required.

 

Emsleys ultimate aim is to enable their clients to move forward with their lives, and they progress cases effectively and efficiently, always with the utmost care and sensitivity. Their team, led by one of the most senior Personal Injury experts in the UK, has a reputation for exceptional client satisfaction*.

 

Emsleys’ Personal Injury team has members of the Spinal Injuries Association, Headway, SCARD (Support and Care after Road Death), the Law Society’s Personal Injury Panel and the Association of Personal Injury Lawyers.

 

*Over 98% of clients would use Emsleys again or recommend them to family and friends.

 

Source: Emsleys Solicitors’ Client Satisfaction Survey results January – December 2018.

SUPPORT SCARD

Help us to help others like you

We receive no funding and rely completely on the generosity of public donations. There 3,000+ people killed on the roads of the UK every year, and over 30,000 seriously injured. The bereaved and those who have been injured would greatly value your support in helping us to help them.

Support SCARD