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Your questions answered by
Martin-Kaye - specialist personal injury solicitors in Telford, Shropshire
Call us on 0800 977 4279
- Is there a time limit?
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Generally, claims in respect of personal injuries must be brought within three years of the accident; or for children when it is three years after their 18th birthday. There are some exceptions so please check with us.
- Must I be able to blame someone else for my accident?
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Most accident cases involve the Law of Negligence and in order to claim compensation you will have to prove that someone was negligent and, therefore, to blame for the events leading to your injury.
Some cases involve the breach of statutory duty, i.e. duty imposed by Parliament on an employer or local highway authority. Examples could be a failure of a local authority to maintain a pavement or an employer to provide a safe system at work. In both instances you must prove you suffered loss and damage as result of the breach of duty.
- Will I need to go to court?
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Usually an injury claim will be dealt with by negotiation. If, as is generally the case, the person responsible for your accident is insured, we will contact the third party insurers in an attempt to negotiate a satisfactory settlement. If the negotiation proves unsuccessful then it may be necessary to commence court proceedings. Your claim may take some time and there is a possibility you might have to give evidence at a court hearing for a Judge to decide if anyone was to blame.
- Will I have to attend a medical appointment?
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Yes, detailed medical evidence is essential. We will arrange for you to have a medical examination so that a report can be prepared giving the extent of your injuries.
- How long will it take?
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All cases are different and it is impossible to provide a precise time estimate. However, on average a negotiated settlement may take between 12-18 months. If court proceedings are required the claim may not be concluded for 18 to 24 months or longer. Sometimes it is necessary to issue proceedings to protect you because claims must be brought within three years of the accident. It is, therefore, very important that you let us know as soon as possible if you feel you have got the date of the accident wrong.
- What can I include in my claim?
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If you are successful then you may be able to claim the following:
1) Expenses, ie traveling expenses, cost of care, prescriptions, damaged clothing etc.
2) Any anticipated future losses and expenses.
3) If you have lost time from work, loss of earnings (to date and estimated future loss).
4) Damages for the injury itself including pain and suffering- this depends
- Will it cost me anything to make the claim?
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Your initial consultation is always free.
Following this, there are a number of different ways of funding your claim and we will discuss all of the options with you. For example, you may have Trade Union membership that will help, or an insurance policy that covers your legal expenses.
We also offer "no-win no-fee" agreements if appropriate. In this case if your claim is unsuccessful we would not ask you to fund your legal costs, but if you are successful we would normally claim for our costs from the opponents in addition to your compensation. Most no win no fee agreements require you to take out 'after the event' insurance to protect you against having to pay your opponent's costs if your claim is unsuccessful. This insurance is often available on a deferred payment basis.
- Can I keep all my compensation?
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We guarantee that in a successful claim you will keep all your compensation.