What Could You Claim For A Work Van Accident?
This guide will explore when you could be eligible to make a personal injury claim following a work van accident. As you read on, you will find information on the criteria that need to be met in order to seek compensation for your injuries, including how long you have to bring forward your claim. Additionally, you can find guidance on how settlements are calculated and what you could receive compensation for following a successful claim.
There are several steps you could take after becoming injured in an accident, including getting medical attention, gathering evidence, and seeking legal representation. We will explore these further in our guide.
If you do wish to work with a solicitor, you may find it beneficial to do so on a No Win No Fee basis. You can find out more about what this entails as you read on.
Talk To Our Team
If you want more information regarding your potential claim, please use the contact details below to speak to one of our advisors. They can answer your questions and offer free advice 24/7. To get in touch, you can:
Select A Section
- What Could You Claim For A Work Van Accident?
- Who Could Claim Compensation For A Work Van Accident?
- Proving Liability For Accidents In Work Vehicles
- Types Of Injuries That Could Be Sustained Afer A Vehicle Accident
- How A No Win No Fee Solicitor Could Help You Claim For A Work Van Accident
- Find Out More About Accidents In A Work Van
After making a successful personal injury claim, you could be awarded compensation for the physical and emotional pain and suffering caused by your injuries. This is awarded under general damages, which is one of the heads of claim that will form your overall settlement.
Solicitors can value this aspect of your payout by using medical evidence and the Judicial College Guidelines. The latter contains a list of guideline award brackets. We have used some of these in the following table. Please only use them as a guide.
The table also contains figures from the whiplash tariff outlined in the Whiplash Injury Regulations 2021. However, these are fixed amounts.
Injury Severity Award Brackets - Guidelines Notes
Brain Injury Very Severe £282,010 to £403,990 The person requires full-time nursing care.
Leg Injury Amputations (ii) £201,490 to £270,100 Both legs are amputated below the knee.
Neck Injury Severe (i) In the region of £148,330 A neck injury associated with permanent spastic quadriparesis.
Arm Amputation Loss Of One Arm (ii) £109,650 to £130,930 One arm is amputated above the elbow.
Elbow Injury Severe Disability £15,650 to £32,010 An elbow injury that causes a severe disability.
Back Injury Severe (ii) £74,160 to £88,430 Cases with special features, such as nerve root damage with loss of sensation and impaired mobility.
Ankle Injury Very Severe £50,060 to £69,700 Bilateral ankle fracture that causes joint degeneration at a young age.
Arm Injury Less Severe £19,200 to £39,170 A significant disability is present but there will have been a substantial degree of recovery.
Whiplash One or more whiplash injuries with one or more minor psychological injuries £3,100 Symptoms persist for between 15-18 months.
Whiplash One or multiple whiplash injuries £3,005 Persisting symptoms for between 15-18 months.
Additionally, you could be awarded compensation for the monetary losses caused by your injuries under the special damages head of claim. For example, if you need to take time off work to recover from your injuries, it could lead you to experience a loss of earnings. If you have evidence of this loss, such as payslips, you could claim it back under special damages.
For more information on the personal injury compensation you could receive following a successful work van accident claim, call our team on the number above.
In order to begin a personal injury claim for a work van accident, you need to prove the following:
- Firstly, a third party owed you a duty of care.
- Secondly, they breached this duty of care.
- Finally, you experienced psychological harm, physical injury, or both as a result of the breach.
These three points form the basis of negligence. If you have evidence that this has occurred, a claim could be made.
However, you also need to ensure you start your claim within the limitation period. As per the Limitation Act 1980, you have three years to begin legal proceedings from the date of your injury or accident. Exceptions may apply to this, however.
When Could I Begin A Road Traffic Accident Claim For A Work Van Accident?
The Road Traffic Act 1988 places a duty of care on road users to conduct themselves in a manner that prevents harm to other road users as well as themselves. Also, the Highway Code outlines the different responsibilities road users have alongside rules that they must adhere to.
A road user could fail to uphold their duty of care by driving under the influence of drugs or alcohol causing them to crash into the side of a van at a junction. In this instance, a claim could be made for a work van accident.
However, if you are eligible to make a personal injury claim, the way you would need to do so may be impacted by the changes brought in by the Whiplash Reform Programme. The changes mean that you would need to claim a different way if you are a passenger or driver over the age of 18 with injuries valued at £5,000 or less. Additionally, when calculating the value of your whiplash injuries, the tariff from the Whiplash Injury Regulations 2021 will be used.
If you have additional injuries that bring the overall value of your claim over £5,000, your claim will be made via the traditional route. Additionally, any injuries not included in the whiplash tariff will be valued traditionally. However, whiplash-related injuries will still be subject to the tariff.
What Are Claims Against An Employer?
In some circumstances, a claim could be made against your employer following a work van accident, provided you can prove they were liable. For example, your employer may have advised you to drive a vehicle despite being aware of a fault. As a result, you may have become injured in an accident.
To discuss your specific case, please get in touch using the number above. An advisor can provide further guidance on eligibility for personal injury claims.
In order to strengthen your work van accident claim, you should look to provide evidence to prove negligence occurred. For example, you could:
- Request CCTV footage or dashcam footage of the accident.
- Keep a diary with details about your injury, including treatment and the way it has impacted you physically or emotionally.
- Request a copy of your medical records.
- Take the contact information of any witnesses.
- Get a copy of the police report, if the accident was reported to them.
The solicitors from our panel have experience handling personal injury claims. As such, they could assist you in gathering evidence and building your case. To learn more about the services they can offer and how this may benefit you, please get in touch on the number above to speak with an advisor.
There are several types of injuries that could be sustained following a work van accident. For example:
- Broken and fractured bones, including a forearm fracture, a fractured leg, and a broken knee.
- Head injuries, such as brain damage and concussion.
- Back injuries, such as spinal cord damage.
- Neck injuries, such as whiplash.
- Bruises and other soft tissue injuries.
- Cuts and lacerations.
Also, you could experience psychological harm in the form of anxiety or post-traumatic stress disorder.
If you are eligible to make a claim and you succeed, the compensation you receive will address the ways your injuries have impacted you.
The No Win No Fee solicitors from our panel have experience representing claims similar to your own. Additionally, they can offer you a contract called a Conditional Fee Agreement. Usually, this means no payment is required for the work your solicitor completes on your claim upfront, as your case proceeds, or if your claim is not successful.
However, if your claim has a successful outcome, your solicitor will deduct a success fee from your compensation. The amount your solicitor is able to take is capped by the Conditional Fee Agreements Order 2013 which means that you won’t be overcharged.
Speak To Our Team About Your Claim
If you want to learn more about pursuing a personal injury claim following a work van accident, you can contact our advisors for free today. They can answer any questions you may have regarding whether you’re eligible to claim, how long you have to do so, and the compensation you might potentially be awarded if you succeed in claiming.
To get in touch, you can:
You can read more of our guides below:
- A guide on car accidents with foreign vehicles.
- Find out who you could make a car accident at work claim against.
- Information regarding hit and run claims.
You can use the following external resources:
We hope this guide has helped you understand when you could be eligible to pursue a personal injury claim following a work van accident. However, if you have any other questions, please speak with an advisor by calling the number above.
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