Personal Injury - FAQ
Frequently asked personal injury questions.
1) Are there any time limits in bringing a personal injury claim?
You have three years from the date of an accident or when you knew that you had sustained a significant injury, if later, in which to bring a claim.
The court can allow to claim to proceed out of time if there is a good reason.
In disease cases the three years normally runs from when you knew or could have found out that you had a significant injury.
This time limit differs when a claim is brought in respect of the following:
Children: Three years from the date of their 18th birthday
Death of a loved one: Three years from the date of death
Child or adult with limited mental capacity: Not subject to any time limits
2) What do I need to prove to bring a successful claim?
You have to prove that your opponent was negligent or in breach of a statutory duty. For example, regarding accidents in the workplace, the workplace regulations are there to ensure a safe working environment for employees.
3) Will you take my claim on a no win no fee basis?
Yes. If your case passes risk assessment, you will be offered a “No Win No Fee” agreement in appropriate cases. It may be that you have your own insurance policy to fund the cost of bringing a claim but our team will assist you in making any necessary enquiries before signing you up to a “No Win No Fee” agreement.
4) Do I have to pay anything?
If you win your case you will pay a success fee to us but this cannot be more than 25% of your claim. If you lose your case the court will only order you to pay costs if your case involved fundamental dishonesty. You may choose to pay for insurance to cover any costs you might be asked to pay (but only if you win and from your compensation) if you fail to better an offer from your opponent
5) What is my claim worth?
It is difficult to quantify the value of a claim at the very outset. The amount of money awarded following a successful claim depends on:
- The length of your injury
- The impact the injury has had/will have on your life, both physically and emotionally
- The affect, if any, the injury has had on your ability to work
- Whether you require any care or assistance or modifications to your home
Our aim is to secure maximum compensation as quickly as possible.
6) Will I have to give evidence in court?
Whilst we can not promise that you will never have to stand up in court, we can say that very few claims make it to that stage as the most claims settle before then.
7) How long does a claim take?
Road traffic cases normally take between 3 - 6 months.
Other cases can take longer typically 6 - 24 months
Serious injury cases can take longer still as a lot more evidence is needed