Your Questions Answered

Will it cost me anything? 

We will advise you on the various ways of funding a claim: -

Firstly, we look at whether you have in place any existing funding arrangements to cover the claim, such as Before The Event Legal Expenses Insurance.

If you do not, then as long as we agree that the claim has a reasonable prospect of success, we can enter into a Conditional Fee Agreement (CFA) with you, more commonly known as a ’No Win, No Fee’ Agreement.

A CFA is a method of funding where, if the claim fails you do not have to pay our costs. You would still be responsible for payment of the other side’s costs and fees to third parties, such as Court Fees and Medical Report Fees), so we also arrange an After The Event Legal Expenses Insurance Policy for you.

This covers not only the risk of having to pay the other side’s costs but also any other third party fees we incur on your behalf. If you do not have any method of funding a claim, we can arrange that for you. This means that there will be no cost to you, whether the claim is successful or unsuccessful, providing you comply with the terms of the Conditional Fee Agreement.

If the claim is successful, then our costs and third party fees are paid by the losing party as well as any compensation awarded in your favour.

How long do I have to pursue a claim?

As a general rule, personal injury claims must be made within three years of the accident or, in the case of an industrial disease, from when you had reasonable grounds for bringing a claim. However, it is important to seek immediate advice in order to get the best possible outcome for your claim.

If the injured person is a minor (under the age of 18) then they will have three years from the age of 18 to pursue the claim.

It is important to keep all receipts and documents relating to the injury and the losses sustained by you. It is also useful to keep a diary or a record of treatment, pain, and appointments, as it is very easy for those items to be forgotten with the passage of time. It is also helpful to take photographs of your injury and any damage caused which will help us assess the strength of the claim.

What is my claim worth?

It is difficult to give an estimate of the value of your potential claim without detailed medical evidence of your conditions and the prognosis. If your injuries are serious, it may be necessary to obtain medical evidence from several experts to obtain an accurate diagnosis.

Compensation is split into two parts, general damages and special damages.

General damages are for pain, suffering and loss of amenity. Loss of amenity is the extent to which your life has been affected by the accident.

Special damages cover the actual financial losses that you have incurred as a result of the accident. Your future needs will also need to be taken into account, depending on the severity of the injuries sustained. This can include, as an example, loss of earnings, particularly if you are unlikely to be able to return to the same or similar work.

To give you an idea of the value of general damages please see our Compensation Guide.