Personal Injury FAQs

Do I have a claim?

To have a successful personal injury claim you need to be able to show that you have been injured as a result of someone's negligence, intentional misconduct or breach of a legal obligation such as Health and Safety regulations.

Do time limits apply?

In personal injury cases, generally court proceedings must be started within 3 years from the date of accident. This is known as the limitation period. This period runs from:

• The date of the accident or, if later, from the “date of knowledge”, which means the date when you knew that your injury was linked to the original accident or exposure to harm;
• In cases involving children, the three year period does not start until their 18th birthday; and
• In cases of fatal accidents, the limitation period is 3 years from the date of death or the date of knowledge of the person for whose benefit the action is brought.

However, a lot of work needs to be done before the claim is filed with the court, and it is best to contact a solicitor as soon as you become aware that you have sustained injuries resulting from another's fault and while the details of the accident are clear in your mind.

Can I still bring a claim if the accident was partly my fault?

Yes, this is often referred to as "contributory negligence".  If you were partly responsible for the accident yourself a percentage will be attributed to your own fault, and that percentage will be deducted from your compensation.  For example if the accident was 25% your fault then an award of £1000 compensation will be reduced to £750.

Can I still claim if I had a pre-existing medical condition?

If your injury is diagnosed as a condition that existed prior to the accident but was exacerbated or became symptomatic due to the accident then you are still entitled to claim compensation for the aggravation or worsening of that condition.

Will I have to attend a medical examination?

Yes. In most injury claims the solicitor will need to obtain a medical report from an independent medical expert in order to calculate your compensation claim. You will be asked to give your consent to the solicitor obtaining your medical records from your GP and your hospital records so that these can be passed to the medical expert.

Once you have been seen by the medical expert they will prepare a medical report as soon as possible.

How long will my claim take?

The time it takes to settle a personal injury case depends on the circumstances surrounding the case.A simple claim may be able to be settled within 6 - 12 months, but if it is necessary to start court proceedings then it will take longer. The amount of time a claim takes depends on a number of things, such as:

• How long it takes for us to be able to value your claim - i.e. you recover from your injuries or reach a stage in your recovery where the doctors can predict how long your recovery should take; and
• Whether the Defendant accepts liability. If the Defendant (usually through an insurer)  denies negligence then we will need to involve the Court.

How can I fund a claim?

There are two main ways to fund a claim:

• You may already have legal expenses insurance that can be used to fund a claim.  This may, for example, be attached to any house or vehicle insurance you have, or through a trade union membership; or
• We may be able to offer a "no win-no fee" arrangement whereby if you win we will recover our costs from the other side, and if you lose your claim we forgo our costs.  In addition to this you would be advised to obtain insurance to cover against the risk of paying any of the Defendant's legal costs that you may have to pay if you lose the case.

We can advise you in more detail on the issue of funding before we proceed with your claim.

How much will my claim be worth?

Your claim will be assessed under two different headings; "General Damages" and "Special Damages".Special Damages will include any financial losses or expenses that you have incurred as a result of the accident.  This may include loss of earnings, expenses incurred in travelling to and from doctors appointments, prescription charges or the costs of care being provided.

General Damages is a lump sum award to reflect the pain, suffering and loss of amenity (your mental and physical ability to do things that you did before the accident, including sports, hobbies and day-to-day activities). This is assessed with reference to similar cases that have been before the courts in the past.

Any damages awarded will be to compensate you for the injuries you have incurred (to put you, as far as possible, in the position you would have been in if the accident had not occurred).  A claimant has a legal duty to minimise their losses, such as returning to work as soon as medically possible.

Will any compensation I receive affect my state benefits?

If you are in receipt of means-assessed state benefits then the receipt of a capital sum may affect your entitlement to future benefits.The first £6,000 capital is disregarded when assessing your state benefits, but if your compensation means you have more than this amount in capital then your state benefits will be reduced by £1 for every £250 of capital held over the £6,000 threshold.

If your compensation means you have more than £16,000 capital then you will not be entitled to state benefits.

If you received state benefits as a direct result of your injuries, these may be deducted from your compensation monies and paid direct to the Government by way of re-imbursement.