Claiming for personal injury as a result of a sudden accident or for an injury or illness that has developed over a period of time can be a minefield if you don’t have the right solicitor, or ask the right questions.
There numerous situations where someone may become injured through no fault of their own such as a road traffic accident, at work if their employer has failed to ensure the workplace is safe or by simply slipping or tripping in a public place.
There are of course far too many circumstances to list where an accident injury can occur but one overriding factor must be in place in order for a claim for compensation to succeed and that is someone else must be negligent and held responsible for the injury or loss being claimed for.
Many other factors are involved in trying to claim compensation for an injury and below are some of the more frequent questions asked:
Will there be any cost to me?
Injury Claims Assistance deal with all claims on a ‘No Win No Fee’ basis so there won’t be any cost to you. If your claim is successful your claim together with any costs will be recovered from the responsible party and in most cases their insurers.
If your case is not successful for any reason we will not charge you a penny. That is a measure of how confident we are of winning any case we accept.
Are there time limitations to make a claim?
Another major factor in pursuing an injury claim is the time limit to make a claim.
In England and Wales a claim needs to be lodged no later than three years from the date of the injury or loss.
What this actually means is you must make a claim within a period of three years failing which the claim will be time barred even if you can show liability is not in dispute.
It is advisable that as soon as you become aware of the fact you have been injured as a result of someone else’s negligence then you should seek legal advice immediately.
This may sound quite obvious but in some circumstances injury and loss may not immediately be apparent in case such as asbestos poisoning or industrial hearing and deafness cases. These types of injuries often occur over a long period of time and are not the result of a sudden accident.
For instance if someone was working in a noisy factory where no ear protection was provided and over time that employee’s hearing was damaged they would potentially be able to make a claim as soon as they became aware their hearing had been damaged i.e. a medical report shows the hearing was damaged as a result of working in unsatisfactory conditions. They time limitation would begin from that point even if they had worked in the factory ten years beforehand.
It must be noted that the longer the period of time that has elapsed the more difficult it will be to show a link between the hearing damage and working in a particular place, but nevertheless the individual would have three years from the ‘date of knowledge’ of their injury to pursue a claim.
There are some instances and exceptions to the three year time limit one of which is where a child is injured and no claim is made on their behalf. On their eighteenth birthday they would have three years from that day to pursue the claim.
Compensation claims for accidents taking place on either planes or boats have only a two year time limit in which to lodge a claim.
If you are unsure about whether you still have time to make a claim we suggest you speak to one of our solicitors to discuss the circumstances of your injury.
I’m worried my boss will fire me if I make a claim.
Your employer is not allowed to fire you if you make a claim for an injury you have suffered at work. If they do or treat you differently in any way then they could and probably would be liable for unfair dismissal.
We have found in the majority of cases that any decent and respectable employer is actually very sympathetic to any employee that has been injured and more often than not they want to put the employees mind at rest that there won’t be a problem making a claim and want to do everything they can to make sure it doesn’t happen again.
Ultimately of course every employer is required by law to have insurance to cover any injuries to their employees so it’s the insurer that will pay out any compensation not your boss.
Are you a regulated company?
Injury Claims Assistance is owned by Margary + Miller Solicitors who are regulated by the Solicitors Regulation Authority.
Will I need to meet my solicitor face to face?
When handling complex injury claims and should the need arise our specialist personal injury solicitors will be more than happy to meet face to face at a convenient time and place to discuss your claim.
In the vast majority of injury claims a meeting will not be required as all correspondence will be carried out through normal post, telephone and email.
How long will my claim take to settle?
No two injury claims are alike and each claim we receive is dealt with on its own merits.
It would be impossible and remiss of us to advise how long any claim will take to finalise, as all accidents and the people involved vary for each claim. Generally claims where the subject of liability is not disputed by the other side will be resolved a lot sooner than when liability is disputed.
Straightforward road traffic accidents and slips and trips will only take a few months whereas complex clinical and medical negligence claims will take longer.
Whilst we understand anyone making a claim would like it to be over as soon as possible, we are always mindful of ensuring our clients receive the maximum amount of compensation they deserve which may in some cases mean the claim takes a little longer.
Who would I be claiming against?
Your claim would be against the person or persons responsible for the injury or loss you have suffered. This can be due to their negligence or carelessness which caused the injury.
Most reputable firms that employ people will have the necessary insurance to cover such eventualities and therefore in the majority of cases any successful claim will be paid by the insurers of the company concerned not an individual.
You do not have to be an employee to make a claim against a company or organisation. Councils, schools hospitals, shops and property owners should have insurance to cover the costs of claims being made against them.
Will I need a medical report?
In nearly every injury claim a medical report will need to be obtained to substantiate the injuries suffered as a result of the accident and to detail the expected recovery period.
Our solicitors will be able to arrange medical reports at no cost to you. Any medical report fees will be paid by the other side’s insurer upon successful conclusion of the claim.
It is important to see a doctor as soon as possible to verify and detail the extent of your injuries.
Is my claim likely to go to court?
Most compensation claims do not end up in court. More often than not liability and quantum (how much your claim is worth)is resolved beforehand and an agreement to settle out of court is made by all parties concerned.
The chance of you having to attend court is minimal.
In some complex and where liability is not accepted by the other side there are times when there is no other option but to let the courts decide.
Rest assured, if you are concerned about attending court our expert solicitors will guide you through the process and will be able to take all the worry away from you.
I was a passenger in the vehicle where the driver was at fault. Can I still claim?
You can still make a compensation claim regardless of whether you were the passenger in the vehicle where the driver was responsible for the accident.
If you have sustained an injury in a motor accident due t someone else’s negligence whoever that person may be you would be entitled to pursue a claim against them.
I had an accident whilst on holiday overseas, can I still claim?
Yes you can. Our solicitors will be able to handle your claim if you have sustained an injury that was not your fault during a package holiday abroad.
I was assaulted, can I still claim?
Injuries sustained as a result of criminal attacks can be notified to the Criminal Injuries Compensation Board (CICA).
The CICA is a government body set up to compensate victims of criminal assaults and violent behaviour.
I want to make a claim, how do I start?
Your claim will start as soon as you contact us and we have assessed the likelihood of the claim being successful.
If we feel that you do have a valid claim and have been injured or incurred a loss as a result of someone else’s negligence we can begin pursing the compensation you deserve straight away.
Our experienced solicitors will be able to handle every aspect of the claim for you to make it as hassle and stress free as possible.
Please contact us today and speak directly to our solicitors if you have any further questions you need to ask us.