If you’re thinking about making a Personal Injury claim, there are a number of things you’ll need to consider. We’ve tried to cover the main ones on these pages.
We’ve also produced a clear, user-friendly guide that you can Request Here.
The good news is that making a Personal Injury claim doesn’t have to be difficult – and it doesn’t have to cost you anything.
Have I got a valid claim?
Any time you suffer an injury or loss because of an accident that isn’t your fault, you may have a valid personal injury claim and you may be entitled to compensation. There are three requirements:-
- The accident must have occurred within the last three years, unless you are a child;
- You must have suffered an injury;
- The injury must have been caused by someone else’s negligence;
What can I claim for?
Personal Injury claims can arise from a wide variety of situations. The most common are road accidents, accidents at work, clinical errors and tripping incidents.
There are a number of things you can claim for, including:-
- The pain and suffering of the injury itself;
- Financial losses – such as travelling expenses, loss of earnings, cost of care (even if provided by family), any property damage;
- Private medical treatment, if appropriate;
- Future expenses (for example, loss of earnings if you won’t be able to continue working, or future care needs).
How much will it cost to make a claim?
At Eric Robinson, we handle many of our clients’ claims on a ‘no win, no fee’ basis. For more information about this – and other options – click here. If you’re thinking about using another lawyer, there are several things you should check first:-
- If they’re offering to handle your case on a ‘no win, no fee’ basis, they’ll say so, in writing. If you haven’t got it in writing, ask them why.
- Will any deductions be made from the compensation you recover? This isn’t normally the case (although every claim is different), so, if your lawyers are planning to deduct a portion of your compensation, you should be very cautious.
- You should also check whether you’ll have to pay an insurance premium, to cover any legal costs in the event that your claim is unsuccessful. This isn’t necessary in all cases and, if it is necessary in yours, you should check whether the premium can be recovered from the other side if you win.
What happens if I lose?
If your claim is covered by legal expenses insurance, there’s no risk to you at all.
If it’s being handled on a ‘no win, no fee’ basis, you won’t have to pay for our time, even if you lose.
If your claim isn’t being handled on a ‘no win, no fee’ basis, an unsuccessful claim can be quite costly. You’ll need to pay your own legal costs (including expert reports, expenses and barristers’ fees) and possibly those of the other side as well.
How long will it take?
This depends on the nature of your claim. Some claims are quite straightforward – especially if both sides agree about what happened – and these can be settled quickly.
However, where the case is more complicated, or the two sides disagree about important points, it can take a lot longer to resolve. A medical report is needed to give a clear picture of the injuries you have sustained: if your injury is serious, more than one report may be necessary, so it’s often the injury itself that dictates how long a claim will take.
Will I have to go to court?
More than 95% of our Personal Injury cases are settled before they get to court. If you’ve got a valid claim (and a good lawyer), the other side will usually prefer to negotiate a compensation settlement before it comes to a trial. In the unlikely event that your case does go as far as a trial, there’s nothing to worry about: the justice system does everything it can to make Personal Injury cases as simple and painless as possible.
What should I do now?
Call 023 8022 6891 and ask to speak to someone in the Personal Injury team – or complete the Inquiry form at the top of this page. If we think you may have a valid claim, we’ll arrange a free, no-obligation consultation with one of our personal injury specialists – who will advise you about your best course of action.
In the meantime, you should always follow these simple rules:-
- If you’re involved in an accident, get the other party’s details;
- Never agree to someone else’s version of events until all the facts are clear;
- Seek professional medical advice;
- Keep a list of all the expenses you’ve incurred as a result of your injury;
- If you’ve already been offered compensation by the other side, don’t accept it until you’ve talked to an expert (chances are the offer should be a lot higher).
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