Personal Injury Frequently Asked Questions

1. How much compensation will I get?

Compensation awards depend on how bad your injuries were and what other losses you have, including lost earnings.

If you have fully recovered, then your solicitor should be able to estimate the value of the claim.

However, if you are still suffering from your injuries it is not possible to calculate the exact value, though your solicitor, being experienced in this type of case, will give you guidelines.

[Back to Top]

2. I am frightened of making a claim against my employers in case I lose my job.

This is a serious concern for many people who have had accidents at work.

Remember, an employer is not normally allowed to sack you if you are injured from an accident at work. You will need a reasonable time to recover.

We constantly come across accident victims who have left it too late to claim. Their health has deteriorated or their injuries have shown up again unexpectedly.

If your accident is at all serious you should take immediate legal advice because you just do not know what the future holds.

Remember also that your employer, by law, has to have insurance to cover their employees for accidents at work.

[Back to Top]

3. When can I make a claim ?

If you have been injured or have caught an illness or disease and someone else is responsible, you may be able to claim compensation.

This can include injury, illness or disease caused by a road accident, accident at work or medical accidents.

If a member of your family has died due to an accident you may also be able to claim for compensation. This is known as a "Fatal Accidents" claim.

Under the Limitation Act 1980, to bring a claim for personal injury, you must generally do so within three years of the date of the accident or, in some limited circumstances, the date that you became aware of your injuries (such as an illness resulting from certain working conditions).  Additionally, the limitation rule does not apply to children until they turn 18 years old.  Therefore, if you are or were injured as a child, whilst we would strongly urge you to contact a solicitor as soon as possible, the three year rule applies from your 18th birthday.

[Back to Top]

4. Who do I claim against ?

If you have an accident at work then your claim will probably be against your employer.

If you have a road accident you can claim against the other driver, they will usually be insured and their insurance company will end up paying.

If you trip on a pavement it may be the local council that you sue.

If the accident occurred on private property you may have to sue the owner of the property.

If you slip on flooring at for example, a supermarket then you may have to sue the supermarket or the person who owns the property where you were injured.

You may have to sue the manufacturers if you have caught an illness because of a chemical or product. Or you may be able to sue the company that sold or gave you the chemical or product.

If it is a medical accident you may have to sue the hospital involved or your GP, or even your dentist. They will all usually have insurance to cover claims made by patients.

Your solicitor will be able to tell you more about the correct person or organisation to sue if you have a claim.

[Back to Top]

5. What are "Damages" ?

This is another name for compensation paid to you because of your accident / injury / illness.

[Back to Top]

6. What are General Damages ?

These are compensation for losses such as loss of promotion or other opportunities, disadvantage in the labour market, pain and suffering, inability to carry out day to day tasks / hobbies.

[Back to Top]

7. What are "Special Damages" ?

This is compensation for money you have had to pay out or have lost because of the accident / injury / illness, and which you can put a figure on.

Examples are money spent on travel, prescription fees, buying special equipment, damage to property, insurance excess, loss of earnings etc.

[Back to Top]

8. Will it cost me anything?

We are able to conduct many cases under a conditional ('No Win - No Fee') agreement, which means you will not pay anything if you lose the case. If you win, then usually most or all of your legal costs would be recovered from your opponent in addition to the award of your damages. We will also take a policy of legal expenses insurance on your behalf to cover any payments you may otherwise have to make if you lose.

It may be that you already have legal expenses cover, as part of your home, car or other insurance policy. We will check this with you and see if you are able to utilise this.

[Back to Top]