Find all of the most popular Family Law FAQs on our website to guide you.
The Court tries to put any injured party in the position they would have been in had the accident not occurred. It is of course not possible to turn back time to before the accident, so a sum is awarded for pain, suffering, and loss of amenity. This is known as general damages and is guided by previously decided case law.
In addition, it is possible to claim for any reasonably incurred financial loss which has been caused as a result of the accident. This can include things like loss of earnings, care costs and costs of adaptations to property and equipment. We will be able to advise you further on this.
For more information please visit our personal injury page.
We are very experienced at calculating loss of earnings claims and are used to forensically going through pay records and tax returns to calculate a loss. We can speak to you about what you need to do in order to prove any loss of earnings claim.
For more information, please visit our personal injury page.
Yes, we can normally enter into a “no win no fee” agreement with you and we will also check what insurance policies you may already have to cover your legal costs.
The majority of personal injury cases will settle before a trial which means that you are very unlikely to have to attend Court. In the unlikely event that your case does go to Court, our team will guide and advise you every step of the way so that you know what is going to happen and can prepare. It is particularly important to ensure that you have a specialist and experienced firm of solicitors instructed when the matters being disputed are complex, but even the most complex of cases usually settled by negotiation, and therefore avoid a court hearing.
No, your employer still must look after you in the same way as all other employees. They cannot penalise you for bringing a claim against them.
We recognise that client care and your relationship with us are important and we will endeavour to have the same small team working on your case from the beginning to its conclusion. This enables strong relationships to be built and ensures that we have a real understanding of your personal injury claim and case.
Rehabilitation and other early non-financial assistance are just as important as any ultimate financial payment. We will work with you, your opponent and your treating team to best understand what rehabilitation and support you require as well as how to help you obtain it.
Later, when we are looking to value your total claim, we will carefully consider all of your needs, arising from the clinical negligence, and ensure that you receive the maximum possible to provide you with the ongoing support that you need in terms of day-to-day living and, where relevant, returning to work.
Ultimately, we want you to be able to live as independently and easily as possible.
Since 2013, Claimant’s in personal injury claims have had the benefit of qualified one way costs shifting. This means that if they fail in their case, they are not responsible for payment of the Defendant’s costs except in limited circumstances such as fraudulent claims.
For more information please visit our personal injury page.
A personal injury claim can occur in a number of different ways – the most common are:
This can also include injury as a result of medical treatment (“clinical negligence”) and we have separate medical injury FAQs.
Please call a member of team on 01273 249200 for a free initial consultation about your claim. We will advise you about the merits of your potential personal injury case and, if appropriate, how we will assist by representing you. You must pursue any claim at the earliest opportunity as there are time limits which can prevent you from claiming if the relevant deadline has passed.
Both legal and medical language can be confusing at times. We understand this and make a special effort to ensure that you are always kept up to date with the status of your case without using unnecessary jargon.
Many people do not know that they can choose their solicitor even if one is appointed for them. Insurance companies will often tell you that your case must be run by one of their panel solicitors, however, this is not the case. You have the right to choose your solicitor and have the right to change solicitor mid-way through a case if you are unhappy with the way your claim is being run.
If you have concerns about the level of service or quality of legal advice you are receiving from your current solicitors and wish to discuss an existing case with us, we would be happy to do so.
Ultimately, if you decide to change solicitors, we can take care of all the arrangements for transferring your file, making the transaction smooth and easy for both parties. We aim to see if we can add value to your claim and if we feel that it would be in your best interests to stay put then we will inform you of this.
The length of time a case takes to settle a personal injury claim can vary significantly, simple cases where liability is admitted can be settled in around 12 months or so. Large, more complex, high-value cases can take longer to settle.
It is important that settlement is not rushed into and that your requirements for life are fully considered no matter how long this may take to establish. In all appropriate cases, we will apply for interim payments on account of your final damages (compensation) so that you have funds while your claim progresses.
Personal injury claims (particularly more complex cases) can last several years. Often if you cannot work, you will require money to fund care/rehabilitation treatment or to make up for some of your loss of earnings.
In situations like this, it is possible to request that an interim payment be made. An interim payment is where part of the compensation that is due at the end of the claim is paid early. The defendant can make this payment voluntarily or if they will not agree to it then an application can be made to the court to force them to pay. We will advise you whether in your case it is appropriate to request an interim payment.
Following the settlement of your case, we will look to finalise all matters promptly to ensure that your compensation can be released as quickly as possible.
If you have been seriously injured then there will come a point where a value needs to be given to how much your claim is worth. The damages you receive can be broken down into two areas;
We can offer specialist advice to ensure you recover the maximum amount possible. Special damages are also usually paid as a final sum at the end of your claim but in appropriate cases can be paid as ‘periodical payments’ whereby you will receive annual payments for life.
