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
- 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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