Frequently Asked Questions
Below are the frequently asked questions we are most commonly asked about in personal injury, accident and medical negligence claims.
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8 Top Frequently Asked Questions in Personal Injury Claims
You have a legal right to claim financial compensation if you have been injured in an accident that is not your fault.
First and foremost, you must ensure Someone else’s negligence caused the accident. Take photos of the location, ensuring you captured the direct cause of the accident. Also, try to get the contacts of witness or witnesses around, take a photograph of your injury and a medical report or details of medical treatment. With this evidence on your disposal we can now discuss the possibilities of making a no win no fee claim. If in any doubt contact us for FREE.
There are two main factors to be considered when working out the amount you are entitled to for a personal injury claim. They are the suffering caused by your injury (general damages) and the financial (special damages) loss as a result of the accident.
To establish your entitlement, your solicitor will likely arrange for you to have a medical assessment where your doctor will give a detail of your injury and the time of recovery. Your solicitor will also take into account the financial loss incurred as a result of the injury. Based on the severity of the injury and its impact on you, it will be challenging to say what your compensation will be because the general and special damages need to be calculated to know your compensation.
You have 3 years to make a personal injury claim from the date of the accident. It is always advisable to start your claim early because the details of all that happened will be more precise in your mind. If you start your claim earlier, you can easily access specific pieces of evidence, and it will also help for any witnesses or anyone involved in the accident.
No Win No Fee was introduced to help anyone pursue justice even when you can’t afford to pursue it. No Win No Fee allows anyone to take legal action when you are injured as a result of someone else’s negligence. With No Win No Fee claims means you don’t have to pay upfront. You can focus on your recovery rather than worry about any upfront costs.
With No Win No Fee, your solicitor gets 25% of your compensation if the request was successful, but if not successful, you do not have to pay. This is agreed upon before you begin your claim.
In a situation where your loved one was involved in an accident, badly injured and unable to make claim for themselves, you can claim for such an individual. What this means is that you are stressed and worried about their condition and recovering.
Though claiming will not change the situation of your love one, but it can lessen the financial pressure and also give the victim access to special treatment that may lead to a quick recovery. For this type of compensation claim, a solicitor can help you claim on behalf of your loved one but if you want to claim a child, contact us for more information.
General damages are the most typical pay out for a personal injury claim. Sometimes known as non-pecuniary losses in the legal world, general damages refer to the injury, including:
- Type and location of injury
- Severity of the injury
- Time to recover from the injury
To calculate general damages compensation, courts and solicitors tend to refer to compensation guidelines from the Judicial College.
When calculating special damages there are many factors to take into consideration:
- loss of earnings; both current and future.
- psychological distress.
- personal damages to property.
- medical expenses including treatment and rehabilitation.
- cost of specialist equipment (for example wheelchairs, adapted vehicles etc)
- travel costs (for example, to and from medical appointments).
The awarding of special damages aims to put you into the financial position you would have been in prior to the injury. Sometimes an interim payment may be awarded if you are unable to cover the monthly costs caused by your injury.