Personal Injury Frequently Asked Questions
Have I got a Personal Injury claim?
If the accident was someone else’s fault – yes, you can. Even if the accident was partly your own fault, you may still be able to make a claim.
However, there are some rules regarding making a Personal Injury claim:
- For the best possible chance of success you should always make a claim as soon as possible following an accident. However, it is possible to make a claim as long as the accident happened within the last three years. If the accident involves a child then the claim must be made before their 21st birthday. This rule applies to the vast majority of cases. If your accident happened on holiday abroad, at an airport, or whilst on-board a plane or ship, the time in which you must make a claim may vary.
- The accident must be someone else’s fault. Employers, Councils, Shop Owners and Road Users all have standards of care that they must abide by. For a successful claim we will need to prove that someone failed to take the necessary standard of care.
- The injuries you have sustained, whether physical or psychological, must be serious enough to make a claim and must be a direct result of the failure(s) of the other side.
We are more than happy to discuss whether you might have a claim over the phone or at our Stockport office if that is better for you.
Will it cost me anything to make a Personal Injury claim?
In the vast majority of cases we act on a no win, no fee basis. If you win your case you may be asked to contribute towards your legal fees from your damages.
If you lose your case we will not charge you any fees, and most importantly we make sure that legal protection insurance covers you against the other side’s costs and expenses. With very few exceptions, win or lose, you will not have to pay anything to pursue your claim.
How much compensation will I get?
You may be awarded damages covering both your injuries and any financial or other losses arising from your injuries such as:
- Any necessary private surgery needed as a result of the injuries
- Cost of nursing care and domestic assistance (whether paid for or provided by family/friends)
- Loss of current pay and future pay
- Loss of pension benefits
- General expenses
- Loss of use of vehicle and vehicle repairs
If your income has been affected you may also have money worries while you are recuperating, so we will do all we can to secure an interim payment for you while your case is being settled, so that you can continue to pay your household bills or pay for any treatment or rehabilitation support that you need.
How do I make a Personal Injury claim?
When you have had an accident it is important that you get the right advice. Often you will need to report the accident or you may need to obtain evidence of what has happened, such as photographs, CCTV footage or accident reports. It is best if you speak with someone who can advise you exactly what you need to do as early as possible.
Once we have discussed your claim with you we should be able to advise you if you have a claim that is likely to succeed and we will prepare all the necessary documents. This can done be over the phone or face-to-face if you prefer. The next step is to write to the persons at fault for your accident and to investigate your claim thoroughly by writing to witnesses, obtaining accident reports and other documents concerning your injuries or financial losses.
We will keep you updated throughout and arrange for you to see a medical expert who can advise us on any treatment you may need. In many cases we may be able to arrange treatment and rehabilitation at no cost to you. Once you are happy with the medical evidence for your claim and you want to settle, we will negotiate the best possible settlement for you.
The vast majority of claims end in this way and you will not have to go to court. If your claim is one of the few that does go to court, we will provide you with all the support and guidance you will need so you can feel sure about the whole process. Whatever happens with your claim we will always ensure that you get the best possible award of compensation and provide you with honest and clear advice.
Can I claim for lost earnings whilst I am injured?
Yes, in most cases this is possible. However, you are expected to seek appropriate medical care for your personal injury so you can get back to work as soon as possible, rather than seeing this as just a holiday.
How long will the claim process take?
The timescale can vary greatly from case to case, depending on the complexity of it. Some claims just take a matter of weeks but others can take a few months or longer to reach a settlement. When you initially ring up, our personal injury experts will listen to the details and assess your claim free of charge before informing you of how long your case may take.
Are there timescales to make a claim?
Yes there are strict timescales for most claims. In the majority of cases, you have three years from the day of the accident to settle your claim for compensation or take your case to court. When you give us a call and we discuss your case, we will explain about the timescales involved in more detail.