FAQs

FAQs

The most commonly asked claim questions you might have, answered by our legal experts.

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    FAQs

    Do I have a claim?

    To have a successful personal injury claim you need to be able to show that you have been injured as a result of someone’s negligence, intentional misconduct or breach of a legal obligation such as Health and Safety regulations.

    An insurance company have already offered me a compensation to settle my claim, should I accept?

    No! An early offer made without a medical report or independent legal advice should be treated with caution.

    If this happens, instruct Expert Law to take over conduct of your injury claim. We will contact you and discuss the best course of action to obtain the compensation you are legally entitled to.

    Do time limits apply?

    In personal injury cases, generally court proceedings must be started (i.e. a claim form filed at court) within 3 years from the date of accident or:

    1. If later, from the “date of knowledge” which means the date when you first knew that your injury was linked to a possible negligent act.
    2. In cases involving children, the three year period does not start until after their 18th birthday.
    3. In cases of fatal accidents, the time limit is only 2 years.

    The above is known as the ‘limitation period’.

    A lot of work needs to be done before the claim form can be filed with the court and its is best to contact a solicitor as soon as you become aware of a potential claim.

    Can I still bring a claim if the accident was partly my fault?

    Yes, this is often referred to as ‘contributory negligence’. If you were partly responsible for the accident or the injuries you sustained, a percentage will be attributed to your own fault and that percentage will be deducted from your compensation award.

    For example, if the accident or injury you suffered was 25% your fault then an award of £10,000 compensation will be reduced to £7500.

    How long will my claim take?

    This depends on how complex the case is, how much evidence needs to be obtained to prove your case and how much is disputed by your opponent. A straightforward claim may be settled within 9 – 12 months but if it is necessary to start court proceedings or get further medical evidence then it could take longer.

    How much will my claim be worth?

    There is no fixed sum for compensation awards and every claim is different dependent upon the injuries suffered and the effects the injuries have had on the Claimant. The value of your claim will be assessed under two different headings; General Damages and Special Damages.

    Special Damages include any financial losses or expenses that you have incurred as a result of the accident. This may include loss of earnings, expenses incurred in travelling to and from your doctor’s appointments, prescription and treatment charges or the cost of care being provided.

    General Damages is the sum awarded to reflect the pain, suffering and overall impact the injuries have had on your life. This is assessed with reference to medical evidence, published Court guidelines and similar cases that have been before the courts in the past.

    A claimant has a legal duty to minimise their losses, such as returning to work as soon as medically possible.

    Will any compensation I receive affect my state benefits?

    If you are in receipt of means assessed state benefits then the receipt of a capital sum in the form of a compensation award may affect your entitlement to future benefits, either by reducing them or ending your entitlement, depending on how much compensation you receive.

    If you receive state benefits as a direct result of your injuries, these may be deducted from your compensation monies and paid direct to the government by way of re-imbursement.

    Our expert lawyers will advise you in greater detail about any affect to your state benefits should this situation arise.

    Will I have to go to court?

    Most personal injury claims settle before a final hearing at court. If there is an unresolved dispute about the facts of the accident, a legal point or the value of your claim, there may be a need for a Court hearing so that a judge can determine those issues, in the absence of any agreement between the parties.

    If a Court hearing becomes necessary, then you will have full representation during the hearing and will receive full guidance and support throughout the hearing.

    Will I have to visit a doctor or medical specialist as part of the case?

    It is a requirement in every personal injury claim, that the claim must be supported with medical evidence in the form of an independent medical report. This report is prepared following a medical examination with a nominated independent medical expert which will be arranged by your Solicitor. In most cases, your medical records or medical history will have to be reviewed but is not referred to in the report unless it is relevant to the injury claim.
    “Expert Law’s customer service was second to none. The team were very helpful from the very start and kept me constantly updated”
    @ Mary Grayson
    “Thank you to the entire team for making the claim process as easy and hassle free as possible. It was the first time making a claim so I was very nervous but Expert Law helped the process be stress free from the very start. Thank you.”
    @ Richard Abott
    Call 0800 170 7070 to speak to the team today!
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