Litigation

Personal Injury

Frequently Asked Questions on Personal Injury

Q Is there any time limit that I should worry about?

A The basic rule is that if you are injured in an accident, you must commence court proceedings or settle your claim within three years of the date of the injury. However, if the accident happens abroad sometimes the period is shorter and it is never wise to leave making a claim until the last minute. See a solicitor as soon as possible.

Q How much will my claim be worth?

A You will be entitled to damages for your injury and for certain out of pocket expenses. The amount you will receive as compensation for your injury will depend on its severity as set out in a medical report. To ensure that all the relevant details get into the report, keep a record of the effect it has on your life. Get photographs of any obvious injury before recovery takes place. In order to maximise your claim out of pocket expenses, keep detailed records of them and save all receipts.

Q How much will it cost me to bring a claim?

A This answer depends on how the claim is funded - an increasingly complex area. Depending on the facts of your case, we may be able to offer:

  • A conditional fee (or so called 'no win, no legal fee' agreement). If you lose the case your solicitor gets paid nothing and there is insurance to cover the other side's costs. You will have to pay the cost of the premium, although that can usually be recovered if you win
  • Payment of legal costs through legal expenses insurance, perhaps as part of your motor policy
  • A privately paying basis, possibly deferring the bulk of our fees until after settlement. If you win would normally be able to recover most of your costs - around 70%

Q Can I bring a claim myself?

A If your claim is within the "small claims limit" (broadly speaking if damages for your injury are likely to be less than 1,000) it will generally be better for you to bring your own claim, as win or lose, solicitors' costs will not be recoverable.

Q Will I have to give evidence in court?

A Only if we cannot settle your claim, through negotiations or court proceedings, at a reasonable level that you are willing to accept.

Q How long before I see any money?

A If your claim is straightforward and liability is not disputed we will try to achieve an early settlement through negotiations. We may be able to obtain interim payments in some cases. However, we cannot settle your claim until your injuries have settled down to the point where we can accurately estimate how much your claim is worth.

These FAQ are illustrative of our approach to such issues, and we hope you find them informative about some aspects of the law. They are not intended as legal advice on any particular matter, and should not be relied on as such. There is no substitute for taking proper legal advice, based on all the circumstances of your individual case.