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
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 of 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. If the compensation you would receive is likely to be less than £10,000.00, you may not get help unless there is a clear admission of guilt. - 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
These agreements, officially called 'Conditional Fee Agreements', mean that you do not have to pay your solicitors fees if you don't win your case.You may also have to take out insurance (called "After the Event" insurance) to protect you against the possibility of having to pay the other side's costs if you lose. This insurance can be expensive in medical negligence cases.
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')
In the case of children, the three year limit does not start until their 18th birthday. Also if the case involves a person who cannot manage their own affairs because of a mental disability, the three year limit doesn't apply. The courts can, in extreme circumstances, allow your claim after the three year limit.
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