Frequently Asked Questions
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- How long do I have in which to make my claim for injury compensation?
The general rule is that if you suffer an injury on a particular day you have 3 years in which to make your claim. There are however a number of exceptions to this rule and if you think you have a claim it is always worthwhile checking with a solicitor whether you would be in time.
For example, if you are a child at the time of the accident then your 3 years doesn’t start until you are 18. If you have suffered injury through medical negligence or an industrial disease, the time limit will not start to run until you discover the injury and that it was caused by negligence or work which could be many years later.
- How do I know if I will win my case?
The general rule is that if you are injured and it is somebody else’s fault then you are able to make a claim under English law. However, many cases are extremely complicated and only when a solicitor properly investigates the facts can we advise you if you have got a claim. If you have suffered an injury, the best advice is to discuss the case with a solicitor who should usually be able to tell you whether you have a reasonable claim.
- I have already been told by a solicitor that my claim isn’t strong enough, is it worth discussing it with someone else?
Solicitors deal with a large number of cases and tend to specialise in different areas. There are often occasions when one solicitor may feel that a case is not strong enough to take on under a No win No fee agreement but another solicitor may take a different view. It is always worthwhile seeking a second opinion and any initial advice we give will always be free.
- Can you deal with my case on a ‘No win No fee’ basis?
If we consider that your case is likely to be successful and you don’t already have legal cover on your insurance then we will be happy to offer to work for you on a No win No fee basis. This means that we agree not to charge you anything if your case fails but if you win we will charge our normal fees plus a success fee. These fees are all reclaimable from the losing party. This means that you will receive your damages and we can recover the legal costs on top of the damages. This allows you to recover 100% of your compensation.
- How much compensation will I receive?
The amount of compensation awarded depends upon the severity of your injuries and how long your symptoms last. It also depends upon the level of financial losses you suffer. The aim of the compensation is to put you back in the same position you would have been if the accident had not happened. There are general guidelines that set down levels for injury compensation but it is only when you discuss the matter with a solicitor that we can advise you on the appropriate compensation you should recover. In most cases it is not until you have made a full recovery that we can give you detailed advice. We also need to obtain a report from a Medical Expert in every case to confirm the level of your injury.
- Will I always recover 100% of my compensation?
In all standard personal injury cases we can guarantee that you will recover 100% of your compensation. This covers road accidents, accidents at work, falls, medical negligence and many other areas. There are unfortunately two areas where you are not entitled to recover any legal costs if your claim is successful. This applies if you make a claim for Criminal Injuries Compensation or if you have to claim compensation for a road accident involving a driver who cannot be traced. In these circumstances, we can still act for you on a No win No fee basis but if the case is successful an amount of your compensation would be used to pay for the time we have spent on the case. This will be fully explained to you and agreed in advance.
- What will be expected of me?
To successfully pursue your claim for personal injury compensation, we need to develop a working partnership with you. You will have to give us full details about the nature of the accident and send us any documentation we need to support your case. Once you have asked us to pursue the case you will have to co-operate with us through to the end of the case so that we can recover your compensation and our costs. We will deal with all the paperwork on your behalf.
- Do I have to visit a solicitor?
The answer is no in most cases. By far the majority of personal injury claims can be dealt with in writing or over the telephone. If you would like to meet with us to discuss your case we would always be happy to arrange to see you. If your case is a very severe one there may be occasions when it is necessary for us to arrange a visit so that we can obtain the necessary evidence on the case.
- Do I have to pay any costs to pursue my claim?
The answer is no, we will always ensure that whatever funding method is used for your case you do not have to pay anything as the case proceeds. If you do not have your own existing insurance we will agree to act for you on a No win No fee basis. Your only duty is to continue to assist us in pursuing the case throughout so that we can recover our costs at the end of the case.
- If I have legal expenses insurance can I use this to pay for the case?
When you contact us about the case we will ask you questions to find out whether you have any legal cover that may pay for the claim. If you have, we will contact the relevant company and ask them to confirm whether they are prepared to grant cover, if they are then they will agree to pay your legal costs and we will simply pursue the case in the normal way. If we win the case at the end of the day your insurers will be paid back anything they have paid out as the case went on. The law requires that we should always look into whether you have such insurance before we enter a No win No fee agreement.
