Personal Injury FAQs
What payment or funding options are available whilst pursuing my case?
You will need to talk to us and we will be happy to discuss your options with you. You may be entitled to a “No Win No Fee Agreement”, your own existing insurance policy (if you have one), Trade Union funding or your private funds.
Can my case be funded by a “No Win No Fee Agreement”?
No case is the same however many cases can be funded by a “No Win, No Fee Agreement” also known as a Conditional Fee Agreement. Our first meeting will be free and if we are happy that there are reasonable prospects of success we could offer a Conditional Fee Agreement.
Will I have to pay anything?
If your case is funded by “No Win, No Fee Agreement” and if your claim succeeds, you will be awarded compensation from the opponent and we will charge a success fee for the work we’ve undertaken on your claim. Previously this success fee would have been paid by the opponent, however since April 2013 a change in the law means this is no longer possible and is therefore now payable by you. However, injury compensation has been increased by 10% to offset this expense.
What is a success fee?
The success fee is a percentage of chargeable work we’ve undertaken on your claim and is paid by deducting it from the compensation you are awarded at the conclusion of your claim. This deduction can never be more than 25% of your compensation.
How long do I have to make a claim?
In general you have three years from the date of your accident in which to make a personal injury claim. For example, if you suffered an injury at work on 1 October 2014, you have until 30 September 2017 to bring a claim. If you do not do it by then you could lose your legal right to bring a claim, even if you have a good case. Therefore please contact us straight away because the sooner we hear from you, the sooner we can pursue your claim.
How long will my claim take?
It is difficult to say with any certainty as much will depend upon the seriousness of the injuries sustained; whether any medical treatment is necessary to aid recovery and of course, whether or not the Defendant denies that they were responsible. Where the injury is minor and the blame admitted, the average would be between 3 and 9 months. During the claim process we will, of course, keep you fully up to date with progress and explain any unforeseen delays that may arise. If unfortunately, you have suffered serious injuries; your claim will take much longer.
Will I need to see a medical expert, and if so, who pays for the costs?
We will pay the medical expert costs and recover them as disbursements if we win your case as part of our fees.
Will you need access to all of my past medical record?
In general yes. The reason why the expert asks for all your records is so that he can prepare a full report.
Will I have to attend Court?
The vast majority of claims never go to Court. There is a clear straightforward online procedure in place to ensure that claims are settled through negotiation out of Court. In fact 99% of personal injury cases do not go to trial therefore it is highly unlikely that you will have to attend Court.
Will there be any money deducted from my compensation?
In a straightforward case where your opponent is 100% at fault, no money will be deducted from you other than the success fee, if you have a “No Win, No Fee Agreement” with us. If however, the accident can be said to be partly your fault then you will be found to be contributory negligent and money will be deducted from the compensation.
How much will it cost if I lose?
In case you lose and your claim is funded by “no win no fee arrangement” you will not pay a penny to us in respect of our costs and expenses in dealing with your matter however you may be responsible to pay the costs of the other side. Therefore when we meet you we may recommend you take out a legal expenses insurance policy to protect you in case you lose.
Their insurance company has offered me a payout already, should I accept?
The simple answer is no in the absence of legal advice and a medical report as the amount offered from the insurance company is likely to be far less than what you are legally entitled to.
Will my job be affected if I claim against my employer?
No, as employers should have employee liability insurance and your damages will be paid by the insurer and not your employer. In case you get treated less favourably than other staff or dismissed because of making the claim our specialist employment lawyer can assist you with this.
Can you help me if my injury was suffered abroad when I was on holiday?
We can certainly help if your holiday was booked as part of a package deal through a travel agent in the United Kingdom and your accident was the fault of the travel agent or their representatives. For example, if you suffer injuries due to the badly maintained stairs of the hotel where you staying abroad; whilst engaged in sports or activities from independent operators; or even food poisoning from the hotel restaurant, we can help you make a personal injury compensation claim against your package holiday provider.