Personal Injury Claims

An accident can leave you out of pocket; you may suffer a loss of wages, medical expenses, travel expenses due to the negligence of another party. Getting advice to assist you with recouping any expense incurred, in addition to an award of compensation for the injury itself will be one less thing to worry about.

Proving Liability of the Defendant

There are three elements which need to be shown when bring a Personal Injury Claim:

1. That the Defendant owed you a duty of care. 2. That the Defendant was in breach of that duty. 3. That the breach of the duty caused a foreseeable risk of injury.

If the above factors can be proved and the Defendants are unable to produce documentation to show they took reasonable care then the likelihood is that we will be able to hold them liable for your injuries.

Your advisor needs to consider the circumstances of your accident to consider if a breach of duty is owed and the possible Defences available to the Defendant and the evidence that will be required to produce if they are to defend a claim.

Limitation

As a general rule, a Claimant is required to bring a claim for compensation in respect of personal injury within three years of the date of the accident.

However, this is of course not always possible, particularly in cases which involve industrial disease. In such circumstances it is possible to bring a claim within three years of the date of knowledge i.e. when you first became aware that the Defendants breach of duty had caused you injury, loss and damage.

In sexual abuse claims, if exceptional circumstances can be proved, the limitation period may be capable of being waived by the Court but certain criteria would need to be met.

Funding Your Claim

Conditional Fee (No Win, No Fee) Agreements

Advising under the terms of a Conditional Fee Agreement means that if your claim is unsuccessful you do not pay a penny in respect of fees. However, if your claim is successful the majority of fees are claimed from the Defendant, but you would be required to pay a small percentage of that compensation awarded to you by way of success fee.

Legal Expenses Insurance

Another way to fund a personal injury claim is by utilising a policy of Legal Expenses Insurance which you would find attached to a policy of home or, in the case of RTAs, Car Insurance. Not all Legal Expense Insurers would agree to your instructing solicitors of your choice but it is worth checking your policy.

After the Event Insurance

Qualified One Way Costs Shifting means that only in very limited circumstances you may become responsible for the other side’s costs. Legal Expenses Insurance is still available to protect you in respect of this and also with regards to funding disbursements but it is recommend that you await a liability decision from the Defendants, prior to considering whether such a policy is needed.

Please call me If you would like to discuss any potential claim you may have.

Nicola Mason 01493 849200