Table of contents

Accidents abroad

• Will I receive 100% of my compensation?

  If you do have insurance in place that will underwrite your legal cost of pursuing your claim or we agree to act for you on a no-win-no-fee basis and you comply with the terms of those agreements, you should receive 100% of your compensation if your claim is successful.

• How much will I have to pay?

  Our initial advice is free. This will include advice as to how your claim may be funded. Many people have insurance which will underwrite their legal costs. If no such insurance is available, we may still be willing to pursue your claim on a no-win-no-fee-basis.

• Do I have to make my claim abroad?

  This will depend on the circumstances of the accident. Just because an accident or illness occurred abroad does not necessarily mean you must make your claim abroad. It is still possible to make your claim in England and Wales. If you call us to discuss the circumstances of your claim in more detail, we can advise you on this for free.

• Is there a time limit to make a claim?

  Yes.  However, depending on the accident circumstances and where the accident occurred, the time limits for bringing a claim may vary.  It is therefore important you do obtain legal advice as soon as possible.

• Is there anything I can do to help me win my claim?

  Collect as much evidence as possible.  This can include the names and addresses of witnesses, travel documents, photographs, invoices and receipts for medical treatment.

• How do I know if I have valid claim?

  The circumstances of each claim are different.  Whether you were working abroad, traveling, or on holiday, you may have a claim.  If you tell us what happened to you, we will inform you if you have a valid claim for free.

Accidents at work

• Will my employer go to prison if I make a claim?

  Just because you may make a compensation claim, which may be the subject of court proceedings, it does not mean your employer will go to prison.

• There were not any witnesses to the accident. Can I still claim?

  Yes. An employer is required to investigate the accident and therefore, other documents, of which you may be unaware, may exist and support your claim.

• I think the accident was my fault. Can I still make a claim?

  If the accident is partly your fault, it is still possible to make a claim against your employer.

• If a work colleague is to blame for my accident, will they have to pay me compensation?

  No. Your employer's insurance covers the negligence of work colleagues.

• If I make a claim, can my employer sack me?

  It is extremely unlikely. An employer must provide justification for terminating an individual's employment. We have a dedicated team of specialist employment advisors who will be able to advise you on this in the unlikely event this did occur.

Asbestos claims

• Am I eligible for any government benefits?

  There are a number of benefits you may be entitled to, including Industrial Disablement Benefit or a payment under the Workers Compensation Act. Claim forms can be requested by telephone from the Benefits office on Freephone 0800 882 200.

• I was exposed to asbestos many years ago, are there any time limits?

  As a general rule a person usually has to start a claim within three years of when they knew or ought to have known they were suffering with an illness caused by asbestos exposure.

• What if the company I worked for no longer exists?

  Our specialist lawyers are experienced in tracing companies and their insurers so you can go ahead with a claim.

Back injury claims

• Can my GP/consultant/physiotherapist provide a report to support my back injury claim?

  No. The medical evidence supporting your claim must be from an independent expert. In many cases the notes and records of your GP/consultant/treating specialist will be reviewed by the independent expert, so that their comments and investigations are considered, but the actual opinion and report we use for your claim must be from an independent expert.

• I haven't been to my GP. Can I still make a claim?

  Yes. You don't have to have seen your GP to make a back injury claim, but all claimants have a duty to keep their losses to a minimum. This means taking reasonable steps to help your own recovery, so seeing your GP or other specialists is always a good idea.

• Is there a time limit for making a claim?

  Yes. In most personal injury claims it is three years from the date of the accident/injury. You should contact us as soon as possible to avoid unnecessary delay.

• Can I always claim for all of the treatment costs I've incurred?

  In general, if you're trying to help yourself recover then you won't be penalised for doing so, and the costs should be recoverable. However, there's a range of medical opinion as to how much treatment is needed dependant on the type of accident and the type of injury sustained, and the final outcome of a claim for treatment fees may well depend on the support of the independent medical expert. If in doubt, contact us to discuss the matter before incurring any costs.

• Is there a 'minimum' amount of compensation for a back injury?

  No. Each back injury claim is assessed on its own merits, and whilst there are broad brackets that can be applied to certain types of injury, the specific facts of each case will be considered when a valuation is assessed.

Criminal injuries compensation

• Will I have to pay legal costs if I engage a solicitor?

  Yes. However, we will only recommend you engage a solicitor if we feel we can make a significant difference to the outcome. In those circumstances, we will generally agree to take no more than 25% of your criminal injuries compensation, even if our costs turn out to be higher.

Cycle accident claims

• What if I go to court and lose?

  In most cases an insurance policy will be in place to ensure you are not personally liable for any legal costs.  If there is any risk that you may be personally liable we would give you prior warning so you can consider this when deciding whether or not to take the case to court.

• Will I have to go to court?

  We always make every effort to settle cycle accident claims by negotiation, but in cases where we cannot reach agreement with the defendant or their insurers you may be required to attend court.  If this is necessary we will give you as much prior notice of the hearing date as possible, and we will also arrange for you to be represented by a specialist barrister.

• Is there a time limit for making a claim following an accident?

  Yes.  You have three years from the date of your accident to either settle your claim or issue court proceedings.  If you were under the age of 18 at the time of the accident, then the time limit runs to your 21st birthday.

• How much am I likely to receive in compensation?

  We will do everything we can to make sure your financial losses are recovered in full. You can help us by ensuring you have the right evidence available to support your claim <hyperlink to "collecting evidence" fact sheet">. Personal injury claims are harder to estimate - please refer to our page How much compensation to expect. If responsibility for the accident is agreed on a 'split' basis between you and the other party, this will also reduce the amount of compensation you receive.

• How long will my claim take?

  We always aim to settle cycle accident claims as quickly as we can.  However, there are a number of factors which can impact upon the duration of a claim. Click here to read our page How long will my claim take?

Deafness

• How do I know if I have suffered noise induced deafness?

  You may notice you have to turn up the volume control on the television. You may miss parts of a conversation when in a group of people. Others may comment on your inability to hear properly.

• What if I no longer work for the employer who exposed me to loud and excessive noise?

  Just because you no longer work for that employer doesn't mean you can't claim against that employer. What's relevant is proving you were exposed to loud and excessive noises during your period of employment with that employer.

• What if I need a hearing aid?

  You can include the cost of a hearing aid and the replacement cost of hearing aids in your claim for compensation.

• Will my hearing improve?

  If you've been exposed to loud and excessive levels of noise which has caused deafness, that damage is permanent.

How long will my claim take?

• Is the defendant allowed to drag a claim out?

  No. All parties to a claim should be working together to ensure it moves forward quickly.  It should be the case that all parties view the issue of court proceedings as a last resort and that an amicable settlement being agreed without the need for court proceedings. Unfortunately, this is not always our experience in dealing with defendants.  We're obliged to give them a reasonable opportunity to settle a claim before issuing court proceedings, so even where they're being unhelpful, we must still go through specific stages.  However, where a defendant is being uncooperative, we do look to issue court proceedings as promptly as we can.

• Is there anything I can do to make my claim progress more quickly?

  Very much so. There will be many occasions during the life of a claim where we require information, documentation and instructions from you. You may be required to complete authorities which allow us access to your medical records, employment records etc, and you will most likely be required to attend medical examinations. By ensuring there are no delays when responding to our requests, and ensuring all appointments are kept, you can make a real, positive impact on the speed at which your claim progresses.

• How long will my claim take? Can I decide how long?

  Within reason, yes. It is your claim, and if at any stage you instruct us to seek settlement on the best terms available, we're bound by your instructions. However, we must give you 'best advice' at all times, and if we feel that by settling at that stage you risk receiving a lower sum than you might otherwise be entitled to, we will advise you accordingly.

How much compensation to expect

• What if I do not think your valuation is enough?

  As we have said, our advice on the value of your claim is based upon what we would expect you to receive if you were to have your claim assessed by a judge at court. Although we will always pursue the highest amount we can for you, we must also manage how much compensation to expect. If you are unhappy with our valuation it will be reviewed by a senior member of the team and further advice given on the options available to you.

• Do you need documentation to prove my financial losses?

  Yes. The more detailed the documentation you can provide, the more likely we are to be able to make a full recovery. However, if no documentation is available then we can still submit the claims and try to negotiate a reasonable settlement figure.

• I was in a car accident and had a passenger. Will we both receive the same amount of compensation?

  No.  Again, each claim is treated on its own merits, and it is very often the case that two different people will respond differently/suffer different symptoms even though they were involved in the same incident.

  The financial losses may also be completely different for each individual claimant.

• Is there a 'standard' amount of compensation?

  No. Each claim is assessed on its own merits and whilst there are broad brackets which can be applied to certain types of injury, the specific facts of each case will be considered when a valuation is assessed.

How to fund a claim

• Is Legal Aid available for me to bring my claim?

  Legal Aid is generally no longer available for personal injury claims, but this is something we can advise you about if we did consider it is appropriate for your case.

• Will I have to take out a loan to fund my claim?

  No.  It will not be necessary for you to take out a loan to fund your claim.  Although some firms do ask you to take out a loan to fund expenses on your claim, this is not how we work.

• Will I receive 100% of my compensation?

  Yes. Unlike some firms, we'll not deduct anything from your compensation for any reason, so long as you've complied with the agreement.  You'll receive 100% of the compensation you need and deserve.

Making a personal injury claim

• Can my GP/consultant/physiotherapist provide a report to support my claim for injury?

  No.  The medical evidence supporting your claim must be from an independent expert.  In many cases the notes and records of your GP/consultant/treating specialist will be reviewed by the independent expert, so that their comments and investigations are considered, but the actual opinion and report which we use for your claim must be from an independent expert.

• I haven't been to my GP. Can I still make a claim?

  Yes.  You needn't have seen your GP in order to make a claim for personal injury, but all claimants have a duty to keep their losses to a minimum.  In the case of an injury claim, this means taking reasonable steps to help your own recovery, and so attending your GP or other treating specialists is always a good idea.

• Is there a time limit for making a claim?

  Yes.  In most personal injury claims it is three years from the date of the accident/injury.  You should contact us as soon as possible to avoid any unnecessary delay.

Public liability

• How much compensation will I receive?

  The amount of compensation awarded in personal injury claims depends on the nature of the injuries sustained and the financial losses resulting from the accident. It is important that you retain all relevant documentation (i.e. receipts, invoices, pay slips etc …) which can be used as evidence of any financial losses. The claim for personal injuries will be evidenced by obtaining a report from an independent medical expert confirming the nature and extent of your injuries and the prognosis for recovery.

• How long will my claim take?

  We will always aim to settle your claim as quickly as possible, but a number of things can affect it:

  • whether liability is admitted or disputed (if disputed then generally the claim will take longer to resolve)
  • the nature of your injury - the recovery time from some injuries can be very long, and it is generally advisable to delay the settlement of your claim until the final position of your recovery is known (either when you achieve a full recovery, or when the extent of any long-term symptoms can be accurately assessed). However, it is your claim, and if you instruct us to seek settlement at any stage then we will do our best to obtain the maximum settlement we can based on the evidence available at the time.

Road traffic accidents

• What if I go to court and lose?

  In most cases an insurance policy will be in place so you are not personally liable for legal costs.  If there is a risk that you may be personally liable we would give you prior warning so that you can consider this when deciding whether or not to take the case to court.

• Will I have to go to court?

  We always make every effort to settle a claim by negotiation, but in cases where we cannot reach agreement with the defendant or their insurers, you may be required to attend court.  If this is necessary, we will give you as much prior notice of the hearing date as possible, and arrange for you to be represented by a specialist barrister.

• Is there a time limit for making a claim following an accident?

  Yes.  You have three years from the date of your accident to settle your claim or issue court proceedings.  If you were under the age of 18 at the time of the accident, then the time limit runs to your 21st birthday.

• How much compensation am I likely to receive?

  We will do everything we can to make sure your financial losses are recovered in full. You can help us by ensuring you have the right evidence available to support your claim <hyperlink to "collecting evidence" fact sheet">. Personal injury claims are harder to estimate - please refer to our page How much compensation to expect. If responsibility for the accident is agreed on a 'split' basis between you and the other party, this will also reduce the amount of compensation you receive.

• How long will my claim take?

  We always aim to settle your claim as quickly as we can, but a number of things can affect how long it takes. Click here to read our page How long will my claim take?

Whiplash compensation

• Can my GP/consultant/physiotherapist provide a report to support my whiplash injury claim?

  No. The medical evidence supporting your claim must be from an independent expert. In many cases the notes and records of your GP/consultant/treating specialist will be reviewed by the independent expert, so that their comments and investigations are considered, but the actual opinion and report we use for your claim must be from an independent expert.

• I haven't been to my GP. Can I still make a claim?

  Yes. You don't have to have seen your GP to make a whiplash injury claim, but all claimants have a duty to keep their losses to a minimum. This means taking reasonable steps to help your own recovery, so seeing your GP or other specialists is always a good idea.

• Is there a time limit for making a claim?

  Yes. In most personal injury claims it is three years from the date of the accident/injury. You should contact us as soon as possible to avoid unnecessary delay.

• Can I always claim for all of the treatment costs I've incurred?

  In general, if you're trying to help yourself recover then you won't be penalised for doing so, and the costs should be recoverable. However, there's a range of medical opinion as to how much treatment is needed dependent on the type of accident and the type of injury sustained, and the final outcome of a claim for treatment fees may well depend on the support of the independent medical expert. If in doubt, contact us to discuss the matter before incurring any costs.

• Is there a 'minimum' amount of compensation for a whiplash injury?

  No. Each whiplash injury claim is assessed on its own merits, and whilst there are broad brackets that can be applied to certain types of injury, the specific facts of each case will be considered when a valuation is assessed.

Work related diseases

• Am I eligible for any government benefits?

  There are a number of benefits you may be entitled to, including Industrial Disablement Benefit.  Claim forms can be requested by telephone from the Benefits office on Freephone 0800 882 200.

• My exposure occurred at work many years ago, are there any time limits?

  As a general rule a person usually has to start a claim within three years of when they knew or ought to have known they were suffering with an illness caused by their work.

• What if the company I worked for no longer exists?

  Our specialist lawyers are experienced in tracing companies and their insurers so you can go ahead with a claim.

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.

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