Personal Injury
What am I entitled to claim for?


Injury

The amount of compensation you will receive depends on how serious your injury is.  We will obtain a report from a medical specialist who will examine you and provide a detailed report setting out the injuries you have suffered, and the effect that this will have on your employment and normal day-to-day life.

Items of Expense and Loss

You are entitled to claim for any reasonable out of pocket expenses and losses that have been caused directly as a result of the accident. This can include loss of earnings, hire of alternative transport, travelling expenses, damage to clothing and jewellery, medical treatment and prescription charges, physiotherapy and in the more serious cases, care and adaptation to your property

 

What will it cost?


In the majority of cases we will be able to advise you at an early stage as to whether your claim will be successful.  We will use our experience and judgement to make to assessment and if we are satisfied that the claim will be successful, we will undertake our work under a Conditional Fee Agreement (No Win, No Fee Agreement).

Under this agreement, in the event that we are unsuccessful in your claim, you will not be required to pay us in respect of our legal costs. In appropriate cases we can also arrange insurance cover to protect you from any liability for the Defendant's costs, thereby giving you peace of mind.

We will explain the various forms of funding available to ensure that you have no risk as to costs associated with your claim. We will make enquiries with your Insurers to see whether legal expense cover is available under your policy of insurance as this may provide an alternative form of cost funding.

 

How long will my case take?


Each case is different.  In simple, straight forward cases, where there is no argument as to blame, cases can be settled within 6 months.  However in the more serious cases, where permanent injury has been suffered, requiring lengthy medical treatment, cases can take some time.

It is important that your case is not settled until it can be established that you have fully recovered from your injuries or the medical expert is able to provide a definite indication about future symptoms.

 

Who will my claim be against?


Your claim will be made against the person responsible for your accident.  This could be the third party driver, a Local Authority or your employer, depending on the type of accident.  The majority of people responsible for causing injury have insurance cover and the Insurers will ultimately be responsible for payment of any damages, either by agreement or by way of court order.

In the case of uninsured, or untraced motorists, who have caused death or personal injury, the Motor Insurers Bureau will be responsible for payment of damages, although costs in such cases are limited.  Your solicitor will explain this you in more detail.

 

When must I make a claim?


It is important to see a solicitor as soon as possible. Your solicitor can make early contact with the person responsible, secure evidence, interview witnesses, inspect the accident location and do anything else that is necessary.

The Law provides that court proceedings must be issued in respect of any claim for personal injury within 3 years of the accident, save in exceptional circumstances.  In any case involving children, the 3-year period commences on the date of the child's 18th birthday.

Chambers UK Criminal Defence Service Community Legal Service

© Copyright 2010 Farleys Solicitors LLP