FREQUENTLY ASKED QUESTIONS
8. Do I keep all the compensation I recover?
This depends on the financial arrangement you have reached for funding the case.
9. Should I only take the third offer from the insurers?
This is an “old wife’s tale.” When your lawyer is negotiating with the insurance company he will advise when he thinks an offer might be reasonable.
10. Are there any time limits for putting in a claim?
YES! Three years from the date of the accident. (Two years for criminal injuries compensation). A Court Action must be started before the three years expires otherwise the claim is likely to be time-barred. For a disease case a three year time limit normally runs from the date you are aware your condition is work related.
11. 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 the time limit is protected; The Court procedure may last a year to two years and ends in a Trial. Very few cases proceed to Trial as the claim will normally settle during the one to two year period.
12. Why do I need to see a Doctor?
The insurance company will require a specialists report before agreeing any settlement of the claim. The settlement is based on the Doctor’s opinion not what the claimant thinks the effect of the injury was. If the claimant is unhappy with the Medical Report the Doctor can always be asked for his comments.
13. If I hear someone else received a figure in settlement of a similar claim should I pay any attention to this?
NO! They may have a similar accident but have lost a lot of pay whereas you may have been paid by your employer. In these circumstances compensation they receive including wage loss will be a lot higher. You also do not know what their Medical Report says and people may exaggerate their compensation.
