Frequently asked questions
Obviously we cannot answer here all of the questions which you may have. However, we have set out answers to some of the most common enquiries.
Please telephone us for free legal advice if you have any further questions or are unsure about anything.
Funding your claim
We will never expect you to pay us any sum either during your claim or when it is concluded. This is often not the case with other firms of solicitors or if you chose to pursue your claim through one of the many claims management companies which advertise extensively on the television and the internet.
You can rest assured that :-
● You will keep 100% of the compensation which is awarded to you
● You will not be asked to sign up to any associated loan agreement
● You will not be asked to pay for any part of the legal costs or expenses incurred on your claim which we are not able to recover from the opponent
Most claims are run under a “No Win-No Fee” Agreement (sometimes called a Conditional Fee Agreement) but others may be dealt with under the a legal expenses insurance policy where this is already in existence. Whatever the type of funding we will ensure that you are fully protected and that you will not ever be asked to pay anything.
How long does it take?
The time taken between submitting the claim and achieving a settlement depends on many factors such as the complexity of the injuries and whether they are ongoing, the extent of the financial losses involved and the degree of investigation to be undertaken to establish who was to blame.
In less complex cases where responsibility is accepted quickly by the opponent, an appropriate settlement can be achieved within about 9 months without any need to involve the Court process
More serious cases and those claims where Court proceedings are required can take significantly longer.
Over 70% of all claims are however concluded within about 18 months without Court action. Often a balance has to be struck between holding out for the best possible result (accepting all the risks and attendant delays) and negotiating an acceptable and early cheque.
Children
Where the claim involves injury to a child or other person under a disability, different procedures will apply since the law endeavours' to protect such victims and ensure that they receive the appropriate amount of compensation. In such cases a Court hearing will usually be necessary where the Judge will approve the terms of settlement. This is a straightforward procedure.
The claim will involve an appropriate adult being appointed to act as the Litigation Friend for the victim.
Claim Procedure
The claim procedure involves three stages :-
● Gathering evidence to show who is to blame for the accident. This is called establishing liability
● Gathering evidence to show the appropriate level of compensation. This is called establishing quantum
It is very important that all appropriate evidence is gathered as soon as possible after the accident. This will involve taking a statement from you and other witnesses and also obtaining all relevant documents from you and the opponent. We then notify the claim to the opponent (or his insurers) in a Protocol Letter of Claim. The opponent (or his insurers) then has 3 months to investigate and respond as to whether liability is to be admitted. This investigation period is set by Court Rules.
Where liability is not disputed we will obtain copies of all relevant medical records and arrange for you to be seen by an appropriate doctor who will prepare a report on the injuries suffered and the longer term recovery position. This is a crucial stage of the claim since this report will be used to determine the appropriate compensation for the injury element of the claim. It is therefore very important that this doctor is told of all your symptoms and their duration. At the same time we will collect details of any other expenditure and losses to ensure that full compensation is obtained.
Where liability is disputed we shall advise you on whether the claim would still have reasonable prospects of success if it were taken further to a Court trial and on further matters which will need to be dealt with.
