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Questions asked by clients considering making a claim for personal injury compensation.

Have I got a claim? Do we charge any fee for our service? What is meant by compensation? Is there a time limit for making a claim?	Will I have to visit the solicitor? How long will a claim for injury take to settle? Will I have to go to court? What will happen if I lose? Glossary

Have I got a claim?

You may have a claim for compensation if you have sustained an injury as a result of another person or organisation that were at fault. Even if you think you were partly to blame for the accident you may still have a claim for compensation.

Our specialist personal injury panel Solicitors will carefully assess your claim application, free of charge, to ensure your case has a reasonable chance of success before acceptance.

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Do we charge any Fee for our Service?

No. Our service is a NO WIN-NO COST scheme.

Costs are covered by a litigation protection insurance policy. This is a type of legal-expenses insurance that can be taken out after an accident has occurred. Also known as After the Event Insurance. This does not cost you (the claimant) a penny.

Firstly one of our specialist panel solicitors carefully assesses the complexities of your claim. Then they will, if necessary, select a suitable litigation protection insurance policy to suit your type of claim at no cost or risk to you. You will not be asked at any time to pay the cost of this insurance cover. The cost of the insurance policy is included in the recoverable legal costs of your claim.

The insurance policy also covers all your legal costs and the third party’s legal costs if in the event we were unfortunate to lose the case. The vast majority of cases are won which means the third party has to pay all the legal costs of the case on top of any compensation award you receive. Therefore you will get 100% of your compensation award without any deductions for legal costs.

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What is meant by Compensation?

Compensation: payment to make up for personal injury or losses incurred as a result of an accident or incident.

Compensation (Damages) is awarded in consideration of two parts:
General Damages and Special Damages.

General Damages: for injury pain and suffering and any loss of amenity. Awards are made by reference guidelines to past judicial cases.
Special Damages: (where appropriate) for any reasonable financial losses or expenses incurred as a result of the accident.

For example:

Loss of earnings (including overtime)
Travelling costs (including as appropriate parking costs) to and from hospitals, GP, etc.
Damage to clothes etc.
Prescription charges and over the counter medication purchased.
Aids and equipment to assist recovery or ongoing necessity
Private medical treatment
Care and assistance for the injured person. This includes in the person’s home.
Accommodation alteration due to disability.

Some compensation awards the Special Damages may exceed the total value of the General Damages particularly if there is a high loss of earnings.

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Is there a time limit for making a claim?

Generally the law states a personal injury claim must be made within 3 years of the date of the accident. There are some exceptions such as when the injured person is a minor (under 18 years of age) or with a person with a mental disability. Some limitation periods are covered in our Accident Types section.

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Will I have to visit the solicitor?

It will not be necessary for you to visit the appointed solicitor dealing with your claim. Contact will be by telephone and correspondence with the assistance as necessary of a Claims Manager local to you.

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How long will a claim for injury take to settle?

Generally most cases take between 8 to 20 months to conclude depending on the complexity of the claim, injury and recovery and any possible long term affects.

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Will I have to go to Court?

Most cases are now negotiated settlements out of Court. Changes in the law now encourage both parties to amicably agree settlements on evidence without resorting to court proceedings.

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What will happen if I lose?

If we lose the case or the case collapses all the costs to that point in time are paid on your behalf by an insurance policy for legal costs. You will not have to pay anything if we lose the case.

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Glossary

Affidavit: A statement containing evidence sworn on oath the truth of the contents before a person who has the authority to administer it.

Barrister: A lawyer who undertakes specialist advocacy and advisory work. Barristers generally only act on referral work by a solicitor; they can not take instruction direct from the public. Barristers represent the client in court.

Child (or minor): a person who has not reached the age of 18 years. In law a person becomes an adult on their 18^th birthday. A child (or minor) must conduct litigation through a litigation friend. (see Litigation Friend)

Claimant: formally known as Plaintiff. (see Plaintiff)

Contributory negligence: Where the defendant proves that the claimant’s own negligence was in part to blame for the damage or injury suffered. Damages award may accordingly be reduced by a percentage apportioned to the blame.

Costs: Legal costs incurred for litigation, this will include fees of solicitors, barristers, expert witnesses, medical reports, court fees and various other disbursements.

Defendant: The person being sued in a civil action claim or charged with a criminal offence.

Evidence: Proof of facts alleged by the claimant or defendant. This can be oral or written testimony, measurements or documents in support of either side to ascertain the truth.

Expert evidence: Evidence of a skilled person who can assist the court with their opinion from the viewpoint of their particular professional experience.

Limitation period: The defined period of time after an accident. On expiry of the limitation period the claim may become ‘statute barred’.

Litigation Friend: A person acting on behalf of a minor (under 18 years of age) or patient under incapacity as defined by the Mental Health Act 1986.

Loss of amenity: The effect the injury has on a person’s ability to carry out their normal everyday activities and enjoyment of life (e.g. domestic housework, personal care, social interaction, hobbies, aspirations and expectations etc.).

Minor: see Child

Mitigation of loss: the duty of a claimant to take reasonable steps to lessen their loss or injury where possible.

Negligence: A breach of duty by the common law to take care for the safety of a person.

Plaintiff: The injured person who sues in a court of law.

Powers of Attorney: A power of attorney is the formal signed and witnessed authority under which a person gives authority to another to act on their behalf.

Quantum: the value amount of your claim. It is the total amount of compensation or damages the claim is worth.

Solicitor: A lawyer qualified by examination by the Law Society to undertake a range of legal services.

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