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Frequently Asked Questions

Am I eligible to make a personal injury claim?

In order to recover compensation in England and Wales, you must be able to prove, on the balance of probabilities, someone else (“the Defendant”) is at least in part to blame for the injuries you have sustained. A compensation claim will be successful if you can prove that the other party has been negligent.

In order to prove ‘Negligence’ the Claimant must establish the following

1. Identity of the Defendant

2. That the Defendant owed a duty of care

3. That the Defendant breached that duty of care
4. That the breach of duty of care caused the accident.

Will I need to go to Court?

It can be costly for both parties to bring a case to court which is why most cases are generally settled outside of court. Even in complex cases we try to negotiate a settlement before a court becomes involved.

In some cases, your case will need to go to court but rest assured we will help you every step of the way.

How much will my claim be worth?

Determining the value of your case is difficult without first obtaining detailed medical evidence and other documentary evidence regarding your losses. Each case is different.

What is General Damages and Special Damages?

There are two types of compensation payment - General Damages and Special Damages (See below).

General Damages is the legal term used for compensation that is paid for pain, suffering and loss of amenity (discomfort, inconvenience) arising from your injury sustained. The level of damages awarded depends on the severity of the injury, likely period of recovery time and prognosis.

When quantifying the likely level of general damages you should receive, we will instruct a medical expert who will produce a written report on your injuries. The report will say how the injury has affected you and whether there has been any permanent damage done. This report will be used to assess the value of your injury claim.

Other cases involving similar injuries can also be used as guidelines for valuing the level of general damages you should receive.

Special Damages is the legal term used for the compensation that is paid for financial losses and expenses caused by the accident. Examples include:

• Loss of income

• Medical expenses

• Travelling expenses to visit your doctor, hospital

• Damage to clothing or possessions

In more serious complex cases it is possible to recover special damages for your future loss of income, any on-going medical care you may need, alterations required  to your home or pension loss.

How long will my claim take?

Most straight forwarded cases are settled within twelve months. However more serious and complex cases can take between two to three years.

Are there any time limits when pursuing my claim?

Yes. In the majority of circumstances your claim should be brought within three years of the date of accident or the date that you had knowledge of your injury. Claims brought outside this period can still be considered but normally an application to the court is required before permission to continue outside the three year period can be obtained.

If you are under the age of eighteen, the general rule is you have three years from the date of your eighteenth birthday in which to pursue a claim.

Whilst the three year protocol applies in a majority of cases, claims in respect of assaults or accidents sustained abroad will have different time limits. It is important to discuss this with us at the outset of your claim.

What is a ‘No Win No Fee’ Agreement?

A ‘No Win No Fee’ agreement, also known as a Conditional Fee Agreement offers you peace of mind when pursuing a personal injury claim.

At the very outset, we will assess the prospects of your case and decide if we are able to offer a ‘No Win No Fee’ agreement which means that in the unlikely event that your claim is unsuccessful, you will not be charged any legal fees.

Can I be sacked by my employer for making a claim?

Your employer is not allowed to sack you for bringing a claim. We have a specialist employment team who will be able to advise you should this occur.

If a work colleague was to blame for my accident, will they have to pay my compensation?

No. Your employer by law must have public liability insurance to cover themselves against accidents sustained in the workplace. Your employer’s insurance will cover the negligence of your colleague.

Can I change from my current lawyers if I’m unhappy?

If you are unhappy with the way your claim is being handled you have every right to raise these concerns with your lawyer. If you are still not satisfied then you may wish to seek a second opinion from another law firm.

We regularly have clients come to us from previous law firms who have been unhappy with their level of service. You should not be concerned about seeking free alternative advice on your claim so you can make an informed choice about whether you wish to switch to another law firm.

We are happy to discuss your situation and advise on what we can do for you and let you decide whether you wish to proceed with your case.

Ask Us a Question

Call us free on 0800 862 0442 to speak to one of our friendly advisors, or complete the form below and we will email you back as soon as possible.

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