Personal Injury FAQ's
Most frequently asked questions and answers
If you have had an accident in the last three years that was the fault of another person or organisation and you have suffered injury as a result of the accident, then you have a potential claim.
Bringing a claim can involve gathering both physical evidence and witness statements to support a case. It is therefore important to start your claim as soon as possible before evidence is lost and memories fade.
Even if your accident was more than three years ago you may still have a claim if you were under 18 years of age at the time. You should take legal advice upon this.
This will depend upon whether your claim is defended and how serious your injuries are. A simple case can be settled in six to nine months, although cases with more serious injuries can take two or three years.
There are two factors that affect the speed of a claim. First, there is blame. If the other party accepts their actions caused the accident it helps. If not, we may have to gather evidence to prove our case and this can take time. If the Defendant still fails to accept blame and the issue of proceedings becomes necessary, it may be two to three years before a case comes to court, depending upon the issues involved.
Secondly, the extent of the injuries can affect the speed of the claim. To value a claim we obtain a medical report from a Consultant. However, we cannot obtain this report until the injuries have settled and the Consultant is able to put forward a long-term prognosis.
This may be possible within a few months with less serious injuries but if continuing operations or treatment are required, it may be some time before we can get final medical evidence.
You can be assured that our aim is to progress your claim at every opportunity and to bring it to an early and successful conclusion.
If your claim is successful you will receive compensation for your injuries and reimbursement of your financial loss and expenses arising from the accident.
There is no tariff for injuries in the English legal system and each award of compensation is individually calculated depending upon the nature of the injuries and how they affect the person claiming.
This can include the period of recovery, the amount of medical treatment needed and whether there will be any long-term effects of the accident.
We use medical consultants to prepare a report upon injuries and this forms the basis of valuing the award.
Any expenses reasonably following the accident can be claimed. This may include loss of earnings, medical costs, travel expenses, costs of care and assistance during recovery, damage to property and possessions and any similar expenses.
We seek to recover an interim payment towards these expenses at the earliest possible stage where liability is accepted.
We offer a FREE initial personal injury claim advice service. If you have been involved in an accident and would like to consider bringing a claim.
You may be asked for information concerning the facts of your accident so that we can consider the issues relating to liability. We may need to contact witnesses and possibly arrange to inspect the accident location.
We shall also need information about your medical condition. We need to know the effect your injuries have had on you so that we can determine what kind of medical evidence we need and when.
The first stage is writing to the other person holding them responsible. Then they have to be allowed a reasonable period to investigate the claim.
Following the investigation, they have to indicate whether they are accepting or contesting the claim. Their decision will determine if we have to issue proceedings and possibly go to court.
Road Traffic Accident
All users of the road including car drivers, motorcyclists and pedestrians owe a duty of care to other road users. If another person is in breach of his duty and causes an accident resulting in injury, the injured person may be able to bring a claim against the other road user. The starting point with a road accident ‘is was somebody else to blame’?
Slip, Trip or Fall Accident
Local Authorities owe a duty to keep the roads and pavements in their areas safe. If you have tripped over a raised paving stone or caught your foot in a pothole or similar defect and fallen sustaining injury, you may have a personal injury claim.
Accident at Work
If you have been injured at work and believe your employer did not take all reasonable steps to ensure you were safe, please contact us to see if you have potential claim.
Accident on Holiday
If you have been injured on a package holiday as a result of a problem or defect at the hotel or an accident while travelling, you may have a claim.
The holiday operator has to ensure the accommodation and travel arrangements he makes for you are of satisfactory standard including any official excursions on the holiday.
We specialise in military claims.
If you are a serving or retired member of any of the Armed Forces and wish to bring a claim against the Ministry of Defence for injuries suffered in service, we will be able to help you
About 95% of cases settle without having to attend court.
When we have concluded all steps to prepare your case including getting any witness statements, obtaining a medical report upon your injuries and getting evidence to support your financial losses, we will attempt to negotiate a settlement of a claim.
If liability for an accident is accepted then in accordance with the court rules, we must give the other party the opportunity to settle the claim before we begin court proceedings.
If liability is disputed or we are unable to negotiate a settlement, we may have to issue proceedings.
If that occurs the court will control the rate at which your case progresses and the steps which must be taken, with the aim always being to proceed to trial as soon as is practical.
We will use our every endeavour to bring your case to a rapid conclusion, although the timescale will vary depending upon the type of case and what is in dispute.
Just because proceedings are issued it will not automatically mean a case goes to court. However if a trial is necessary, in the last resort you will have to attend court to give your version of events or to give evidence of your injuries.Ho