Personal injury questions and answers

Here we answer the questions our team is frequently asked. 

What is 'no win no fee'?
This term means that there is no fee to pay to us if you lose your case. If you win your case we will recover some of your legal costs from the other side but there will be some money (a “success fee”) to be paid to us out of your damages, if your case is successful. By law this success fee can never be more than 25% of the total damages you recover.  This money is paid out of the damages you recover and not out of your own pocket. If your claim is unsuccessful, we will not charge you anything. We can explain this to you in more detail before you decide whether to pursue a claim.

How much compensation can I expect to receive?
The amount of compensation you will receive depends on the nature and extent of your injury or illness and how this affects your current and future ability to work and live a normal life. If you wish, we can give you an approximate indication based upon our experience before you decide whether to pursue a claim, but it will be difficult to give an accurate figure if you are in the early stages of your recovery. Guide figures can be found by visiting our personal injury awards page.

What is the difference between you and a claims management company?
We are regulated by the Solicitors Regulation Authority, and any barristers that we instruct on your behalf are regulated by the Bar Standards Board. Claims management companies are regulated by the Claims Management Regulation Monitoring and Compliance Unit, and usually act as middlemen, not actually handling claims themselves. (Are most clients going to be bothered about this? I suggest we replace it with the following more common question/answer)

How long will a claim take to conclude?
Many people are under the illusion that personal injury compensation claims only take a few months; that we just have to contact the opponent with details of the claim and they pay the full compensation requested and the legal costs very quickly. Unfortunately, the claim process does not work like that. There are many things that can effect how long a claim takes to conclude including whether liability for your accident is accepted or rejected by your opponent; how serious your injury is; how long it takes you to recover as fully as possible; and how quickly 3rd parties respond to our requests for relevant documents and information. It is often not possible to advise you accurately about how much compensation you are entitled to until your recovery has gone as far as possible and we know what the lasting effects of your injury may be. As a very rough guide, a straight forward claim where responsibility for your accident is admitted and you make a full recovery from your injuries within a few months, the claim may conclude within 18-24 months. In more serious and complex cases it may take between 2–5 years to conclude the claim.     

Simon Lovelock, one of our specialists, goes into more detail in an article you can read here.   

Why are your accreditations important to me?
Not all personal injury lawyers are APIL &/or SRA accredited. Our accreditations mean that the applicable solicitor has achieved an officially recognised standard of expertise and competence meaning that their skills, knowledge and experience have been rigorously and independently assessed.

Am I entitled to make a claim?
If you have suffered an injury due to someone else's negligence, it is likely that you will be entitled to make a personal injury claim. When you contact us, we will quickly assess whether or not you have a valid claim.

How long have I got to make a claim?
There are strict time limits which apply to personal injury claims. In most cases, if you are 18 or over and have sustained an injury, then you have 3 years from the date of your accident in which to formally commence legal court proceedings.

However, time limits can differ and sometimes the time allowed can be shorter than 3 years. We recommend that you seek legal advice as soon as possible with respect to your own situation.

The rules for industrial disease and occupational illness claims are different and more complicated. Therefore, please do not delay in contacting us for further guidance.

What if my injury happened over 3 years ago?
If you suffered an accident, illness or disease which happened more than three years ago, the chances of you being able to make a claim will be considerably reduced. Please feel free to contact us to discuss your own circumstances.

What if the injured person is under 18?
Where the injured victim is under the age of 18 the 3 year period does not start to run until they reach their 18th birthday. As a result they have until their 21st birthday to formally commence court proceedings.  

Will any award affect my right to benefits?
You may, like many personal injury claimants, be in receipt of welfare benefits.  Receipt of a large sum of compensation could affect your entitlement to receive means tested welfare benefits.  That entitlement can be protected by setting up a Personal Injury Trust into which compensation is paid.  This ensures that the money inside the trust is ignored when assessing your eligibility to claim most means tested benefits and/or receive local authority support.

We have many years’ experience advising on the of establishing personal injury trusts.

Will I have to pay to make a claim?
You will not have to pay any money out of your own pocket.  If your claim is unsuccessful, we will not charge you anything.  If your case is successful the majority of your legal costs will be paid by the other side.  We will also recover the compensation that is agreed by the other side or awarded by the court.  You will be responsible for paying some money (a success fee) to us out of that compensation. By law this success fee can never be more than 25% of the total compensation you recover. We will also take out insurance for you to protect you against any legal costs risks during the course of your case and you will also be responsible for paying the insurance premium for that out of your compensation if you win, but you will receive the rest of your compensation. We can explain this to you in more detail before you decide whether to pursue a claim.

Will I have to go to court?
If you decide to instruct us to handle your case, we will make every effort to resolve your case as quickly as possible and recover the best possible compensation for you without going to court.  The vast majority of cases do settle without having to go to court. However, if the other side will not agree to settle the claim or other complex issues arise, it may be that the only way to obtain compensation will be to go to court.

What can I claim for?
Any compensation is intended to place the injured victim in the position they would have been in had the accident or illness never occurred, to the extent that money can achieve that.  We will seek to recover compensation for both the pain and suffering caused by your injury and all consequential past and future financial losses flowing from it, including, for example, loss of earnings.

What should I do now?
If you think that you may have a valid claim  please telephone one of our personal injury specialist lawyers on 01843 220288 or fill in the form on this page and we will call you.