Accident Claims

FAQs

• How do I make an accident claim?

  Every accident claim is unique and we will carefully review your case to fully understand:

  • how your injury has impacted upon you
  • whether a person or organisation is responsible and
  • whether we can help you win compensation.

  Here are the five steps for making a claim:

  1. Get in touch

  For a free initial consultation, contact our accident claims specialists on 020 7288 4800 or complete our online accident claims contact form.

  2. Funding options

  If we think you have a strong case, we’ll find a way of funding it for you. This is likely to be on a ‘no win, no fee’ basis with nothing to pay up front, but you may have pre-existing legal expenses insurance which may also help.

  3. Obtaining records

  We’ll request access to your medical records and accident reports to help us identify the severity of your injury, its impact on your life and assess whether anyone’s wrongdoing may have caused the injury.

  4. Letter of claim

  We’ll then draft a letter of claim to the Defendant detailing the allegations, and the specific injuries and losses you have sustained. Depending on the response, we will consider whether you need to bring your claim in court.

  5. Expert opinion

  If the claim progresses, we’ll ask medical and/or accident reconstruction experts to prepare reports about your case. This will help us to value your claim.

• How much personal injury compensation will I receive?

  If your personal injury claim is successful, you will be entitled to compensation for the following:

  Pain, suffering and loss of amenity

  You will receive compensation for pain and suffering caused by the injury itself and the effect your injury has on your ability to do the things you did before the accident (known as loss of amenity). This can include hobbies and past times.
  Your entitlement to compensation for this aspect of your claim will depend on the nature and extent of your injuries; how serious the injuries are and how long your symptoms are expected to last. This part of the claim is assessed with the assistance of the best medical experts in the field, combined with our own knowledge and research.

  Financial losses

  You will also receive compensation for your financial losses and expenses – both past and future. Your financial losses are assessed according to the evidence we obtain. This can include loss of earnings, cost of medication and treatment, travel costs, the cost of adaptations to your home and the time spent on caring for you because of your injuries. In terms of calculating loss of earnings, it may be necessary to instruct financial experts to assist. It’s our role to assess what evidence is needed and obtain specialist help to prove your loss.

• Who will pay my legal costs?

  If we think you have a strong enough case, we’ll find a way to fund your claim. The three main funding options are:

  1. A ‘no win no fee’ agreement otherwise known as a Conditional Fee Agreement
  2. Legal Expenses Insurance
  3. Paying privately

  Learn more about the different funding options available.

  The costs process

  After you win your personal injury claim, the Defendant usually pays most of your legal costs, but deciding how much the Defendant must pay can be a lengthy process. We have a specialist team who work independently of our personal injury solicitors to ensure the costs process is dealt with speedily and to your advantage.

• What are the time limits for accident claims?

  Personal injury claims must be brought within a certain time. This is known as the limitation period. The time limits are strict and set out in the Limitation Act 1980.

  Most personal injury claims must be issued at court within three years of the date of the accident. For children, their personal injury claim must be issued at court no later than their 21st birthday. There are exceptions:

  • If there was a time delay before you became aware that you have suffered an injury, for example if you developed a condition contracted by exposure to chemicals at work
  • If, as an adult, you did not have the mental capacity to instruct a lawyer to make a claim. The clock doesn’t start ticking until you have regained capacity.
  • If your accident occurred overseas, on a plane or a boat where the time limits may be different.

  In most instances, if you do not comply with the limitation period that applies to your claim, you are likely to lose the chance to claim. It is therefore important that you do not delay in making your personal injury claim as soon as you become aware that you might have one. Even if your injury happened more than three years ago, there may still be a way to make a claim.

• What happens if my claim is successful?

  Protecting your means-tested benefits

  Your financial circumstances change when you receive personal injury compensation. As a result, your means-tested benefits may be at risk. You can protect your entitlement to your benefits by setting up a personal injury trust. Our specialist personal injury solicitors will be happy to advise if this is applicable to you.

  Investment advice

  Investing your personal injury compensation requires careful thought and specialist advice. We work closely with reputable and professional financial advisors with extensive experience and knowledge of working alongside those who have received personal injury compensation. We can make a personal recommendation and a referral to an appropriate adviser on request.

  Rehabilitation

  In many claims for personal injury compensation, your current medical situation and quality of life may be improved by receiving appropriate medical treatment, such as surgery, physiotherapy, counselling or care. This is best given at the earliest opportunity, rather than waiting for the claim to be settled. We have arrangements with providers of medical and other rehabilitation services to get you back on your feet as soon as possible.