Back to Home Page  
 
 
     
  Personal Law > Personal Injury > FAQs
 

  Introduction - Free Initial Assessment
 
  Personal Injury
FAQs
 
  On-Line Enquiry
Form
 
  Case Studies
 
  Contact Personal
Injury Team
 
 


Personal Injury - Frequently Asked Questions

how do I know whether I can claim compensation?
There are two basic questions you should ask yourself when you are considering whether or not you can make a claim for compensation following an accident. The first is 'Who's fault was the accident?', and the second is 'How long ago did it happen?'

Looking at the first question, if the accident was not your fault, you would have a very good chance of making a successful claim for compensation. If however, you in any way contributed to the accident, your chances of success and ultimately the amount of compensation will be reduced. For example, if you were driving along a road and a lorry failed to stop at a red light, causing an accident and injuries to yourself, it is clear that the lorry driver would be at fault. If however, you were driving at night with no lights and a car pulled out of a junction into you because the driver did not see you, you would be in some way responsible for your accident and hence your chances of making a full claim would be reduced. To take the worst case, if you were driving on the wrong side of the road and had an accident, you would generally be totally to blame and would not have any chance of claiming compensation.

In the case of time, there is a general rule that you have three years from the date of the accident to start to make a claim. In the case of injuries to a child this is extended - the three years starts after the childs' 18th birthday. There are a couple of exceptions to this rule. The first is for longer term problems which have been caused by someone else's negligence, where the three years starts from the date on which the accident victim first noticed a serious problem. An example of this would be a miner who develops symptoms some years after finishing working down the pits. The other exception is for claims to the Criminal Injuries Compensation Board (CICB), which have a time limit of two years from the date of the incident.
 

what can I make a claim for?
When a claim is made, it is split into two parts. The first part is the General Damages, which cover the pain and suffering caused by the injury itself. The second part is the Special Damages, which cover additional expenses which have been incurred as a result of the accident.

The levels of general damages are defined generally by the extent of the injury. Obviously if somebody loses a leg as a result of the accident, they should be entitled to more compensation than someone who broke their arm. Lawyers have tables of injuries and compensation levels, which give them a guide to how much an accident victim may be expected to receive.

For special damages, much more is take into account. For example, if a professional footballer breaks his leg, the knock on financial implications for the rest of their life could be great. If however an office worker broke their leg, it would not necessarily harm their earning potential, so their damages would be less. These type of damages often involve very complicated calculations based on many factors including:
  • the age of the victim
  • the profession of the victim
  • the extent of the injury
  • the likelihood of the victim needing longer term care
  • the likelihood of the victim finding suitable alternative employment
  • In certain circumstances special damages can run to very high figures indeed. This is particularly the case where children are injured in such a way that they will need care for the rest of their lives
Other elements to the compensation claim include incidental expenses and costs associated with the accident such as:
  • transport costs to attend hospital and medical appointments
  • the cost of medicines
  • the replacement of goods and clothing damaged in the accident
  • compensation for time off work due to the accident
To calculate a final figure needs expert knowledge and this is where your lawyer will be able to help.
 
how long will the claim take?
Compensation claims are never short term cases and you should be prepared for some delay between coming to see us and the final conclusion of your claim. The length of time a case takes depends very much on the nature of the injury.

For a small claim for something such as whiplash from a car accident, you would be looking at somewhere around three months.
 
how much will it cost to make a claim?
The cost of making a claim depends very much on the severity of the accident and the time it takes to agree a compensation figure. Most lawyers charge on a time basis i.e. they charge in direct relation to the time they spend on your case. You can imagine the costs associated with a case lasting a number of years can run in to tens of thousand of pounds. But rather than be faced with massive bills, you can take out a 'no win no fee' agreement with your lawyer which will take care of the costs and the worry about meeting bills.
 

I want to find out more, what should I do next?
If, after reading this guide, you feel that you may have a claim for damages, you can get help in one of two ways:

  1. Call Solicitor Sean Rowcliffe on 01733 29563 who will give you an initial free assessment over the phone and advise you whether you should pursue a claim.
  2. Complete the with your details. We will contact you as soon as possible with a free assessment of your case and your likelihood of success.
 
 
 
 
Site Help · Site Map · Site Security · Disclaimer
© 1999 Hegarty LLP is a limited liability partnership