I received head injuries caused by a faulty helmet, who should I claim against?

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    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    I received head injuries caused by a faulty helmet, who should I claim against?

    There’s simply no escaping the fact that riding a motorbike is more dangerous than driving a car. Firstly, you’re far more likely to be involved in an accident in the first place. To some degree this is simple common sense, but the official statistics back it up – you’re more likely to be involved in an accident if you’re on a motorbike than you are in a car and, if an accident does occur you’re 40 times more likely to be fatally injured.

    The reasons for this can be traced back to the very nature of a motorbike and the fact that it leaves the rider much more exposed. In a car, you’re protected by crumple zones, a solid metal shell, airbags, seat belts, anti-lock braking and so on, whereas on a bike, having crashed, there’s little between you and the hard surface of the road. On top of this, you’re more likely to actually be involved in an accident like this because some road users find it difficult to notice and pay attention to motorbike riders.

    In the event of an accident which wasn’t your fault you may well be in a position to make a claim for compensation. In the first place, any compensation you receive will cover you for out of pocket expenses such as medical bills, but it will also be an amount calculated on the basis of the injuries you’ve received and the effect these have had on your life, taking into account this such as pain, distress and loss of earnings.

    One of the things which you can do to minimise your injuries in the event of an accident is to ensure you wear the correct safety gear such as biking leathers, gloves and, most importantly, a helmet. If you’ve worn a helmet yet still received a head injury, it could be that the helmet in question was faulty. If this is the case, and your lawyer can build a case to prove it, then you should be able to claim compensation from the manufacturer. Demonstrating the flaw in a helmet, post-accident, may require the input of expert opinion, which is why it’s vital that you work closely with one of our expert solicitors. When you put your helmet on you’re doing the right thing, and you should expect a minimum amount of protection in return for being conscientious. If you’ve been let down by your protective gear then you have every right to seek fair compensation.

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