Personal injury claims – frequently asked questions

We tend to get asked the same questions about making a claim for personal injury and therefore we have answered some of the most common questions below which should help you in deciding whether to seek advice from a solicitor on making a claim.

Do you accept cases on a no win no fee?

Yes, we do. If you want to know more about how a no win no fee agreement works, please read How Does No Win No Fee Work?

Can I claim for compensation other than my injury?

Yes, you can also claim for financial losses too. The legal term for financial losses is special damages. This will include past and future losses.
Examples of the heads of claim you can claim as special damages are:

• Loss of earnings
• Medical treatment/rehabilitation costs
• Loss of earnings
• Care and assistance
• Transport costs

This is not an exhaustive list, and we can prepare a schedule of loss on your behalf to ensure that you are not left out of pocket.

What is my personal injury claim worth?

Your claim for compensation would be made up of two elements: general damages for pain and suffering, and special damages for financial loss. The levels of compensation for your pain and suffering will depend on the nature of your injury and the length of time it will take for your recovery or in some cases where your symptoms have plateaued and therefore you will never make a full recovery.

Therefore, without obtaining complete medico-legal evidence we are unable to give you an idea as to how much your claim is worth at the outset.

How long do I have to bring a claim?

There are strict time limits which have to be adhered to and usually depend on several factors.

The limitation period to make an injury claim is:

• Three years from the date on which the accident occurred, or;
• Three years from the date you were made aware you suffered an injury due to someone’s negligence (known as the date of knowledge)

What this means is that court proceedings must have started within three years of the date of the incident or date of knowledge.

There are some exceptions to this time limit which we can discuss with you and whether you fall into any of the exceptions under the 3 year limitation rule.

It is important to note that if your accident took place outside England and Wales, or while you were travelling in other countries, the time limits vary from country to country, and may be much shorter than three years.

The court may in very limited circumstances allow a case to continue beyond the time limit and If you think that the time limit in your case has expired you should seek advice from a solicitor for urgent advice.

The accident may be my fault, can I still make a claim for personal injury?

This will depend on whether you are partly to blame for the accident. The amount of compensation you receive will reflect any agreed liability apportionment.

I did not seek any medical attention; can I still claim?

It is important that you seek medical attention as soon as you can as it shows that you took steps to mitigate your loss and it will support your claim for personal injury.

However, you can still claim even if you had not sought any medical attention.

Will I have to go to court?

We aim to settle your claim without having to go to court and the vast majority of personal injury claims do settle out of court.

However, there are some occasions when a claim will go all the way to a final hearing and the parties will leave it for the court to make the final decision if settlement has not been reached between the parties.

While it may sound like a daunting and technical process, our solicitors are all experienced litigators and will guide you all the way to the final hearing.

How long will my claim take?

The length of the time of the case will depend on various factors. In more straightforward cases you may be looking a timeframe of 6 to 9 months. We will provide you with regular updates and the likely timeframe for the claim to conclude as your claim progresses.

Will I have to pay any legal costs upfront?

You will not be required to pay anything upfront if you make a claim with us under a no win no fee agreement.

Can I bring a claim on behalf of someone who has died?

You can bring a claim on behalf of a loved-one if their death was caused as result of a negligent party.

You can also bring a claim on behalf of someone against a third party whose negligence did not cause the death. An example of this is if someone was involved in a road traffic accident, and subsequently died as a result of an issue completely unrelated to the accident.

Due to the nature of a claim such as this one of our experienced solicitors will be able to advise you further on the process involved and the time limits which must be adhered to for bringing a claim on behalf of someone who has died.

Can I claim if I was injured at work?

Yes, you can make a claim if you were injured at work due to your employer’s negligence. Employers have a duty of care to ensure the workplace is safe and free from hazards. If they fail in this duty and you suffer an injury as a result, you may be entitled to compensation. This can include claims for accidents caused by unsafe working conditions, lack of proper training, or defective equipment.

What if the accident happened in a public place?

You can still make a claim if the accident happened in a public place like a park, shopping center, or on the street. The entity responsible for maintaining the safety of that public space can be held liable if they were negligent. It is important to gather evidence such as photographs of the accident scene, witness statements, and any reports made to authorities to support your claim.

How can I strengthen my personal injury claim?

To strengthen your personal injury claim, it is crucial to:

• Seek medical attention immediately following the accident.
• Keep a record of all related expenses, including medical bills, travel costs, and any loss of earnings.
• Document your injuries and the impact they have on your daily life.
• Obtain witness statements and contact details.
• Report the accident to the relevant authorities or entities.

What should I do immediately after an accident?

Immediately after an accident, you should:

1. Ensure your safety and seek medical attention if necessary.
2. Report the accident to the relevant authorities or parties (e.g., employer, property owner, police).
3. Gather evidence, including photographs of the scene, contact details of any witnesses, and a written account of the incident.
4. Keep a record of all medical treatments and related expenses.
5. Contact a solicitor for legal advice and guidance on making a claim.

Do I need a solicitor to make a personal injury claim?

While it is not mandatory to have a solicitor to make a personal injury claim, it is highly advisable. Personal injury claims can be complex, and a solicitor will have the expertise to navigate the legal process, gather necessary evidence, and negotiate on your behalf to ensure you receive the compensation you deserve.

Conclusion

Making a personal injury claim can be a daunting process, but understanding your rights and the steps involved can help ease the burden. Our experienced solicitors are here to guide you through each stage, ensuring you have the support and advice needed to achieve a successful outcome. If you have any further questions or need assistance with your claim, please do not hesitate to contact us on 0161 399 1231.