If you have been involved in a non-fault accident, it’s important to commence a claim as soon as possible. This is for various reasons such as ensuring we have all details for the other party, can contact any witnesses early, can look at arranging rehabilitation for you and seeking an admission of fault from the other party as soon as possible.
Claims generally have to be commenced within three years of the accident occurring – although there are exceptions to this, so it is important that you speak to us as soon as possible.
We will take all necessary details in our initial conversation and put your claim in motion. Your file will then be allocated to a lawyer that specialises in the area of law appropriate to you.
Please call our lawyers on Freephone 0800 088 4177 or contact us via the online form should you wish to discuss matters further.
You can claim damages for pain, suffering and loss of amenity. This also includes psychological injuries suffered.
Even if you have already made a recovery from your symptoms, you can still claim compensation.
We would advise that you keep all documentation in support of your losses, as we will need to provide copies to the fault parties insurer at some point.
In the event that you win your claim then we will seek to recover our costs from the fault party and/or their insurers. Where possible we will look to ensure that there are no deductions from your damages. Most lawyers will seek to take a Success Fee of up to 25% from your compensation. Where possible we will offer a 0% Success fee and when circumstances are such that this is not possible we will cap any success fee deduction at 10%.
Our costs will be met by the insurers of the fault party. In many circumstances they are set by a tariff or are fixed.
We may enter into a no win no wee agreement with you. If so, where possible we will look to ensure that there are no deductions from your damages. Most lawyers will seek to take a Success Fee of up to 25% from your compensation. Where possible we will offer a 0% Success fee and when circumstances are such that this is not possible we will cap any success fee deduction at 10%.
This very much depends on your recovery and could be anything from a couple of months to a few years. The earlier you recover from your injuries, the more likely your claim will settle quickly.
The longer your symptoms continue – and the degree of how they affect you and the losses they are causing, may mean your case takes longer to settle. In such cases, this does not mean you will have to wait until your case concludes before you receive any damages – we would apply for interim payments on your behalf.
We will provide you with an estimate as to how long we think your claim will take to settle early on – and if that timescale changes we’d let you know and explain why.
What is important is that you receive the maximum damages you are entitled to.
There are two main parts to your compensation.
The first covers your pain - both physical and emotional, suffering and any loss of amenity. This is assessed with the help of independent medical evidence (we are unable to obtain a report from your GP or any treating Doctor). There are guidelines used by the Court and previously reported case law which help us assess the value of your claim based upon your evidence and the medical evidence. When we review the medical evidence we will provide you with our valuation at that stage.
The rest of your compensation relates to any financial losses and expenses – both past and possible future ones. These are assessed according to the evidence that we can gather to prove the amount that you have lost and those losses were reasonably incurred as a result of the accident. You are under a duty to mitigate (minimise) your loss and we will explain this further to you once instructed. These losses may include things such as lost earnings, damages property, medical expenses, policy excess and travel expenses.
The chances of you having to attend Court are very slim as the vast majority are settled without the need of a final hearing. Indeed, even if your claim proceeded to a final hearing even then you may not have to attend.
We would advise you at any stage of your claim if there was a chance you would have to attend court. If you did then you would be accompanied and represented by one of our staff or a specially appointed Barrister.
Yes. In order to support your claim we require independent medical evidence.
That report – or reports should you need to see more than one expert – will outline the injuries you have suffered, the treatment received (or recommended – which we could arrange) and set out a prognosis. That would then enable us to value your claim.
Furthermore, the report may be required to support certain heads of loss you were seeking to recover. For example if you had time off work and suffered lost earnings, you would need independent medical evidence to say that time off was reasonable in light of the injuries suffered.
In the first instance, we would always suggest that you discuss rehabilitation with your own GP or medical team. If there is a delay in arranging the same that way, it may well be you are part of a scheme via work that provides private rehabilitation through an organisation such as BUPA.
However, if you are unable to arrange rehabilitation yourself, we can approach the fault insurer to agree the funding of the same and make the arrangements for you – at no cost to yourself. Rehabilitation can take many forms such as physiotherapy and CBT (Cognitive Behavioural Therapy).
Once the other party admit liability and we have evidence in support of your losses – we can approach them for an interim payment.