FAQs
People who have had an accident that wasn’t their fault are often put off from making a claim as they are under the false impression that it will be expensive and cost them greatly in fees. They also may believe the procedure will be overly complicated and traumatic.
That’s why we have answered some of the most commonly asked questions, to help you fully understand the simple procedures involved, what you can claim for and how it won’t cost you a penny.
What is a ‘No Win No Fee’ service?
A ‘no-win no-fee’ service is an agreement that means that your solicitor will only be paid if your claim is successful. If you win, the losing party will have to pay your solicitor’s fees and all the costs involved in your case. If you lose, you won’t have to pay your solicitor but will have to pay the costs of the successful party.
Your solicitor can take out an ‘after the event’ insurance policy on your behalf to cover all legal fees and any court and medical report costs. Sometimes, existing car or home insurance can have this included, but it’s worth checking with your solicitor first!
Your solicitor will make it clear well before you sign anything whether there will be the “no win, no fee” arrangement available.
How much compensation could I expect?
The amount of compensation awarded varies from case to case, depending on the injuries and additional considerations such as loss of earnings, suffering and pain, so it’s difficult to put an exact figure on the amount of compensation you can expect. Have a look at our compensation calculator for example amounts.
Will I receive 100% of my compensation?
In the majority of cases, legal fees are paid by the losing side, so you get 100% of the money that’s awarded to you; the compensation you receive will always be for the injuries you received and your financial losses. Your solicitor will always keep you informed of costs and issues related to your claim and compensation.
Will my case cost me anything?
If your accident claim is successful and you’re awarded damages, the other side’s insurance company will normally pay all your solicitor’s costs in addition to the damages, meaning you pay nothing.
There are some exceptions but your solicitor will be able to explain this fully to you before your claim starts.
How long does a case normally take to reach settlement?
This depends on the nature of the claim and whether or not it is disputed. A claim that is accepted by the other side will be dealt with much quicker than a disputed case that goes to court. In either case, your solicitor will be able to advise you as to the likely time scale and will keep you informed along every step of the way.
If I have to claim against my employer for an accident at work, will I lose my job?
It is illegal for your employer to dismiss you for making an accident claim. Remember that your employer will have insurance cover against staff accident meaning that they won’t be paying out for your claim, their insurance will.
Will I have to go to court?
This depends if your claim is disputed. Many claims are settled outside of court, with the parties reaching an agreement between themselves. In some instances, the other side may refuse to accept that it was their fault, which can result in the case being heard in court. Your solicitor will always be on hand to guide you through this process.
Will I have to fill out loads of paperwork?
We know that a lot of paperwork can be intimidating, so your solicitor will talk you through the process and will deal with most of the paperwork for you.
Will I get any help to get better?
As part of your claim we will arrange for you to have a free medical exam by a doctor to fully asses the extent of your injuries. The medical report submitted by this doctor is key to any personal injury claim.
The most important thing is to make sure you recover from your injury as quickly as possible. Sometimes this can include getting treatment through the claim you are making and we can often arrange this for you.
Can I claim if the accident happened a long time ago?
If you are thinking about making a claim for compensation, it is important to get legal advice as soon as you can. This is because you must start court proceedings within three years of when you were injured, or of when you first knew you were injured. After this, there is little chance of pursuing a case.
Can I claim if I don’t know who cause the accident?
With some claims, such as claims against untraced drivers, you won’t know who caused the accident. In these cases, we can’t recover our legal costs. So if we do represent you, you will have to pay the legal costs out of your compensation. We will always try to keep these costs down as much as possible and will explain these to you before we start work on your case.
Can I claim if my accident happened abroad?
If you’ve been injured while on a package tour arranged by a tour operator in England and Wales, you may be entitled to compensation, even if you sustained your injuries abroad. If you weren’t on a package tour we may still be able to help. Your lawyer will be able to give you more advice about this.
What happens if I die before the claim is settled?
If this were to happen, the deceased’s next of kin would take over, with any compensation that would be due to be received forming part of the deceased person’s estate.