
It can be a really worrying time straight after an accident or injury, when you're starting a legal process. To help, here are some answers to the questions most people ask us. Remember, any time you want, you can just pick up the phone and speak to an adviser.
What can I claim for?
Depending on what happened, you can claim compensation for: pain and suffering; wage loss after the accident; a lump sum for future wage loss; services provided by the family; the loss of a close family member.
Who pays for any compensation?
The insurer of the person or company who caused the accident.
Do I have to show it was someone's fault?
Yes. Unless special regulations apply, for example, if you are using machinery or a product which is faulty.
How long will it take for me to obtain any compensation?
It depends on the severity of the accident and the co-operation of the insurance company. But many straightforward cases settle quickly.
Why do I need a lawyer?
It's not a simple process as the Law is very complex. Our lawyers are experienced and skilled in successfully pursuing personal injury claims. And if your case needs to get taken to Court because you are not being offered appropriate compensation, a lawyer has to act for you. We will make sure get the largest possible compensation and make sure the insurance company does not undervalue your claim.
Will I have my day in Court?
Probably not! 99% of cases settle before an actual Court Trial.
Do I keep all the compensation I recover?
This depends on the financial arrangement you have reached for funding the case.
Which offer should I take from the insurers? Only the third one?
Only taking the third offer from the insurers is an "old wife's tale". When your lawyer is negotiating with the insurance company he or she will tell you when an offer might be reasonable.
Are there any time limits for putting in a claim?
Yes, up to three years from the date of the accident (or two years for criminal injuries compensation). It's vital that any Court action must be started within this time or you'll lose your right to claim.
The deadline can be extended for a few types of industrial disease claims, so it's always worth contacting us even if you think three years have passed. For a disease case, a three-year time limit normally runs from the date you become aware that your condition is work related.
What does "going to Court" mean? (Or starting a Court Action).
This means sending a Summons to the party responsible after the case is registered in Court. As soon as they receive the Summons (or Writ) the Court Action is started and the time limit is protected. it may last a year or two and could end in a Trial.
Why do I need to see a doctor?
The insurance company will require a specialist' medical report before agreeing any settlement – and this will be based on the doctor's opinion. If you're unhappy with the report, the Doctor can always be asked for his or her comments.
If I hear someone else received a figure in settlement of a similar claim, should I expect to get a similar amount?
No because you may not be aware of some important differences in the case. For example, they may have lost a lot of pay, whereas you may have been paid, so compensation including wage loss will be a lot higher. You also don't know what their medical report says and some people exaggerate the amount they received.
Does the DSS take back all my benefits?
The insurance company have to repay benefits out of any settlement and we'll let you know what's involved if this affects you. All claims are registered with the government body known as the CRU (Compensation Recovery Unit). They also reclaim from insurance companies costs of hospital treatment after road traffic accidents – but this doesn't affect you.
How do I know if you're the right sort of lawyer for me?
We have a lot of experience in this area, and several of our partners are recognised Legal Experts. We're listed as a Top 4 firm for personal injury claims in the independent guide, Chambers. We're also members of the Association of Personal Injury Lawyers (APIL) and Motor Accident Solicitors Society (MASS).
When I hear that my case has settled how long will it take for me to receive payment?
Sometimes insurance companies pay in two to four weeks. However, there can be complications particularly in complex cases where payment may not be made for around eight to twelve weeks or longer.
Can I claim again in the future if there are complications with my medical condition?
Generally speaking, no. It will be a full and final settlement, unless a special arrangement is reached because your health may deteriorate in the future.
Emma Shields was very professional and the claims process and timescales were all explained in an easy to understand manner. Communication was excellent too and kept me up to date at each stage of the process.
Douglas Watson, June 2010
Call Emma Shields:
0800 027 1480
Emma Shields, senior associate
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