Please see below a list of frequently asked questions which you may find useful when making a claim for compensation.
If you need any further guidance or clarification please contact us either by telephone or via the online enquiry form.
Q: Why should I claim?
A: The purpose of compensation is to put the Claimant back in the position he/she would have been but for his/her injury. This depends however on establishing that some person was at fault before compensation can be recovered.
Q: Do I have a claim?
A: This depends not only on the facts of the case but also the time limits, these are crucial. You may have a claim against a driver, an employer, a hospital, a professional, and often identifying the correct party to pursue involves considerable time and investigation.
Q: When should I claim?
A: There are strict time limits set out which determine the period of time within which you can claim. For all able bodied adults the time limit is 3 years from either the date of the accident or in cases such as industrial disease, the date of knowledge. This means when you first became aware you had a problem e.g noise induced hearing loss. In cases involving breach of contract the time limit is 6 years. The rules relating to children or adults whom lack mental capacity are different because for example with children, the three year limitation period does not start until their 18th birthday (and with the adults lacking in mental capacity…..?) . it is important however to contact us as soon as possible so that we can begin our investigations and assemble the necessary witness evidence.
Q: What is involved in pursuing a claim?
A: The burden is always upon the person bring the claim (Claimant) to establish that the cause of the injury was as a result of the negligence of the Defendant (paying party). This will require detailed investigation, often obtaining medical records, employment records, witness statements and most importantly independent expert evidence such as reports from Medical Experts and/or Engineers to support the claim. Providing we are satisfied that there are prospects of success if your case were to proceed to trial of 60% we would continue to act on your behalf.
Q: How long will my claim take to settle?
A: This can depend on a number of factors. For instance, you may be offered a settlement by insurers very early on in your case in an attempt to “buy off” your claim without there being any medical evidence to determine not only the extent of your injuries now but also possibly in the future. Equally, the medical evidence that we obtain after 12 months may not be conclusive in terms of a final prognosis and this may require a further medical report in 12-18 months time. In those circumstances we will press the Defendants for a judgement on liability which if obtained, would then entitle us to request and interim payment on account of your damages.
Q: How much will it cost me?
A: Our initial advice is always free, and often given at your home, over the phone or wherever is most convenient for you. If we consider you have reasonable prospects of success we will offer you a No Win No Fee Agreement. We are also obliged to advise you as to what other means of funding, such as legal expense cover (which is sometimes available through household insurance policies, car insurance policies or credit card policies).
Q: How much money will I receive?
A: The amount of money you receive depends on the extent of your injuries and the consequences. These will be determined by the medical evidence that we obtain on your behalf. Damages are in two categories; General Damages which are for pain, suffering and loss of amenity (I don’t think you should make your point on the fact that general damages are often believed to be too low, that just encourages the Claimant to constantly think they could be getting more elsewhere), and the second category is for Financial Loss – Past and Future, and again this depends on the injuries sustained as well as the documentation and expert evidence we are able to obtain.
Q: Will I get the opportunity of having a face to face meeting with my Solicitor?
A: We always ensure that every client wherever he or she lives in the country, has the opportunity of meeting the person responsible for handling his/her case. Not only at the outset of the claim, but throughout the claim as it progresses.
If you have any more questions, please don’t hesitate to get in contact today.