Claims for Accidents and Personal Injuries
What can I claim compensation for?
You can claim compensation ("damages") for any personal injuries or financial losses which you can prove were the direct result of someone's negligence. This includes compensation for:-
- Pain and suffering, including, for example ongoing treatment and further operations
- If you can't carry out hobbies or daily activities (called loss of amenity)
- Loss of earnings
- Cost of nursing care, special equipment, medical care or help that you need to carry out daily activities
- Costs of adapting your home
- Psychological injury
- In certain circumstances, a claim under the Human Rights Act
If the case is about someone who dies because of someone's negligence, you can claim:-
- "Bereavement damages" of £10,000.00 if your husband or wife, or your child if they were under 18, died (this figure has now been increased to £11,800 where a death occurs after the 1 January 2008)
- Loss of dependency if you were financially dependent on the person who dies, or
- A claim on behalf of a deceased's patient's estate
When we first see you, we will probably only be able to give you a rough idea of how much compensation you might get.
How will my claim be funded?
- Public Funding / Legal Aid (Medical Negligence only)
If you are on a low income, you may be able to get help with the legal costs through the Community Legal Service (CLS). You will have to show that you have a reasonable chance of winning your case and that the possible value of your claim is enough to justify the costs involved. From April 2013, only those who have been injured during pregnancy, labour or the first eight weeks of their life will be eligible for public funding.
- Trade Union help
If you are a member of a trade union or similar type of organisation, it may be able to help with legal costs.
- Legal Expenses Insurance
You should check your insurance policies (especially your house insurance policy) to see if they include legal expenses cover for personal injury claims.
- No Win, No Fee Agreements
We offer 'no win, no fee'. This means that if your claim is unsuccessful, we guarantee that you will not have to pay any legal fees or expenses. If your claim is successful, you may have to pay some legal fees and expenses out of your compensation, but we guarantee that this will not exceed 25% of the compensation awarded to you excluding damages for future care and loss.
These guarantees only apply if you pursue your claim with us for as long as it has reasonable prospects of success, follow our professional advice and do not deliberately mislead us.
We will discuss the funding of your case at our first appointment.
How much time do I have to claim compensation?
You must bring a claim for personal injury compensation within three years (called 'the limitation period') The limitation period starts either from:
- When you had your accident/ treatment, or
- When you first realised that you had suffered an injury (called your 'date of knowledge')