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When should I make a claim? You should always do this as soon as possible after the accident or injury occurred for a number of reasons. The law imposes strict time limits and you only have three years from the date of the accident, or first becoming aware that you had suffered an injury as a result of another person's negligence, in which to start court proceedings. In the case of a child, this 3 year period starts on their 18th birthday. Occasionally, it may still be possible to make a claim outside the 3 year period and we can advise you about this if necessary. It is also much easier to investigate accidents and obtain statements from witnesses and so on, early on so the sooner you contact us the better. How will I pay for the claim? We will discuss funding with you at the initial meeting and advise on the best option for you. We can usually deal with your claim on a 'no win no fee' basis. If you have insurance we will contact the insurer on your behalf to see if you have the right type of cover for the claim and, in appropriate circumstances, we can also advise you about taking out insurance even though your accident has already occurred. In some cases public funding (legal aid) may be available. How do I know if I am entitled to compensation? If your injury is totally, or even just partly, the fault of another person or organisation, whether in a road traffic accident, at work, or in a public place, then you are entitled to make a claim. What can I claim for? If successful, you can claim an amount of compensation for your injuries and also recover any financial losses and expenses you can prove you have suffered as a result of the accident. The usual items claimed are loss of earnings if you are unable to work because of your injuries, travel expenses to medical appointments, the cost of purchasing medication or prescriptions, the cost of replacing damaged possessions and clothing, the cost of care whilst you are unable to look after yourself and so on. Depending on how serious your injuries are, some of these losses may be expected to continue into the future and again we can advise you on how best to assess and claim for these. What is involved in making a claim? After taking full details of the accident circumstance from you, and completing any necessary investigations, we will send a formal letter of claim to your opponent. We will then usually negotiate with their insurance company and will always try to resolve your claim without having to start court proceedings if possible. We will arrange the necessary medical evidence to support the injuries you are claiming for and, in appropriate cases, we may get other opinions from experts such as engineers or accident reconstruction specialists. If court proceedings do have to be commenced we will continue our efforts to resolve the claim by negotiation as we prepare it for trial. Only a very small number of claims are taken to court and many of them are concluded before the final trial takes place. How long is a claim likely to take? This is difficult to assess as it depends on many factors not all of which are within our control, such as the approach taken by your opponent, how complicated the claim is and how serious your injuries are. Complex claims can take several years to resolve whereas straightforward claims may only take a few months. What happens if I was involved in a road traffic accident where the other driver was uninsured or untraceable? You may still be able to get compensation but your claim will be directed through the Motor Insurers' Bureau (MIB) instead. Please contact us for further details. Can I still claim compensation if my injuries were caused by an assault? Yes - we can advise you about making a claim through the Criminal Injuries Compensation Authority (CICA). Please note however that claims must be made within 2 years of the date of assault otherwise you will generally be too late. This is one of the few situations where legal aid may be available, depending on your financial circumstances. We will advise you at our first meeting whether you qualify for legal aid for this type of claim. |
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