Frequently asked questions

We’ve set out here some of the most commonly asked questions that we get from our personal injury clients. You can find more information on them in our comprehensive menu system. And, for any other questions, give us a call and our experienced client advisors can help you.

What can I claim for?

You can claim for any injury incurred by someone else failing to take reasonable care to prevent it.

How much can I claim?

The amount of compensation you receive will differ depending on many factors, such as: the type of injury; the severity of the injury; and how the injury impacts on your life. The compensation can cover things such as: the pain and suffering caused; psychological damage; loss of earnings, and ongoing treatment. There are no fixed amounts as every situation is different, and previous cases are used as guides.

Who can I claim against?

You can claim against anyone who the law says owed a ‘duty of care’ towards you and who failed to carry out that duty of care. This includes all sorts of people, such as: road users; property owners and occupiers; public authorities; employers; doctors and other professionals. A solicitor will be able to tell you quickly whether the person owed you a duty of care and whether you can claim.

What if I was partly at fault?

Someone else needs to have caused your injury and been at fault for you to make a claim. You may have been partially at fault – this does not necessarily mean you can’t claim, but it may mean that your compensation is reduced proportionately.

Will I keep all of my compensation?

If you win your case you will keep 100% of your award. There may be exceptions, but these will be explained to you and only apply in certain situations.

How does using a no win no fee solicitor work?

When you use a no-win, no-fee solicitor you don’t have to pay their legal fees at all if you lose the case. And, if you win the case, generally the losing party will pay your solicitors costs anyway, so you keep 100% of your compensation award.

What is a CFA?

CFA stands for ‘conditional fee agreement’. A CFA is the costs agreement that you sign when you decide to instruct your solicitor. It sets out how and when any costs will be charged.

Are there any other costs when using a no win no fee solicitor?

Your solicitor may charge a ‘risk assessment fee’ which covers the costs of their time spent looking into your case to see if you have a valid claim. Other than that, some solicitors require you to pay an insurance premium, which means that all the costs are covered in case you don’t win your case. These are only one-off costs and means that you are assured that you won’t get stuck with any legal fees later, offering you peace of mind. Always check with your solicitor whether there are any other costs or disbursements payable.

Can you get legal aid for a personal injury claim?

Generally, no. Legal Help provides government funding for legal costs for certain legal problems for those who meet the financial criteria. Legal Help is only provided for personal injury cases when the injury is the result of an assault or deliberate abuse. This is why conditional fee agreements (CFAs) from a no win no fee solicitor are a good option.

Will my claim take a long time to process?

Every case is different. The personal injury solicitors we use are fully aware that time is important to our clients, but at the same time sometimes it simply isn't possible to rush cases through. Some cases will take a matter of months, some longer. Read more about the process of making a claim here.

Is there a time limit for making a claim?

Yes. There are time limits, but they differ. The standard time limit that you need to make a claim within is 3 years of being injured (or 2 years for injury from a criminal offence). However, there are some exceptions to this, such as if you were under 18 at the time, mentally incapacitated, or if the symptoms of your injury took time to show. You should always speak to a solicitor who can quickly gauge whether you can still make a claim.

Do you need to be able to find the person who injured you in order to make a claim?

It depends. If you want to make a civil law claim for compensation then you will need to know the details of that person. However, there are avenues to claim compensation through the criminal compensation scheme if you do not know the identity of the person who injured you.






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