Personal injury

If you win

If you win, you are required to pay the lawyers charges, expenses, disbursements and any insurance premium which is taken out.  You will usually be able to recover some if not all of these charges from the other side. These fees can be paid from any compensation awarded and no fees will become payable until the outcome of the case is confirmed.

The solicitors’ assessment of risk will include considering all relevant factors; including the merits and value of the claim, the likelihood of settlement, the level of costs likely to be incurred, as to whether the case is heavily dependent upon factual or uncertain expert evidence, and as to the information and documentation available as at the date when the CFA is entered into.

The solicitor will define success criteria and if these criteria are achieved (i.e. the case is won) a success fee will be payable by you in addition to the normal fees.  This success fee will be paid out of any damages that you are awarded. The success fee is subject to a maximum limit of 25% of compensation. 

If you lose

You need to be aware that if the personal injury claim is unsuccessful, you will not be liable for the lawyers’ fees but the opponent, the other side, may seek to recover their costs from you although this is unusual. 

Legal expense insurance

In some insurance policies, you already have legal expenses insurance.  This is also called “before the event” insurance as it can be taken out in advance of a problem occurring. 

To put this in context, your home or car insurance policies are “before the event” policies as they are taken out before you need to claim.

When we review potential personal injury claims, we see whether you can take advantage of legal expenses insurance to cover any potential legal costs which you would have to be pay if the claim is unsuccessful.   You may also be covered as an additional benefit on any pre-existing bank accounts.

If you don’t already have “before the event” insurance, there may also be the opportunity to take out a new policy to insure against an unsuccessful case.  These policies are called “after the event” insurance policies because they are taken out once the incident has occurred.  Solicitors and insurers will review the potential claim and assess the risks to see whether an “after the event” insurance policy can be set up.

What does this mean to you?

If you think that you have a personal injury claim, the first thing you should do is to discuss your claim with our expert solicitor Jeanette Whyman to find out how strong your claim is.

It is really important to work with a personal injury solicitor who will be honest with you and evaluate your case calmly and clearly to see whether your claim will be successful. Jeanette has been working with clients on personal injury cases for many years and will be able to give you this honest assessment. 

This initial assessment is free of charge as it is our opportunity to find out more about your potential claim and you can find out more about how we would propose to handle your case. At this point we would also see whether you have “before the event” legal expenses insurance by reviewing any insurance policies that you have or seeing whether you are entitled through any of your bank accounts. If you do not have this type of insurance we will also consider whether “after the event” insurance is available to you.  

A brief history of no win no fee

No win no fee claims were introduced in 1995, designed to give access to legal representation to everyone, regardless of their financial situation. There were changes in the law in April 2013 which altered the way solicitors were paid using no win no fee but the CFAs which we offer are fully compliant with these new rules.

Statistics shows that 27 million working days are lost to workplace accidents. The most common work accident claims are for slips and trips, closely followed by falls in the workplace. However, there can be more serious injuries when you are involved in an accident at work and the consequences of these can be devastating to your life.

After any accident in the workplace it is important that you visit a doctor as soon as possible to have a full assessment and rule out any unseen injuries.

Employers Liability

Employers have a responsibility to protect their workforce from accidents and injuries both in their workplace or when acting for them onsite or in another building. This means they are responsible for:

Providing their employees with the most appropriate tools to do their job. They are also responsible for ensuring the tools and equipment are to a safe standard. Safety wear should also be provided if it is necessary for the job and the tools being used.

The workplace is safe, including ensuring there are no work place hazards. Floor space and corridors are clean and hazard free. Doors are easily accessible and workstations and seating is appropriate for the job.

Training is required for certain roles to ensure employees are aware of how to do certain tasks safely for the benefit of themselves and those around them. You are able to make a claim for an accident at work if you have been injured and someone else is to blame for the incident.

In 2014 it was reported that road deaths have increased by 3%. Thankfully the roads in the UK are fairly safe with courteous and careful drivers and clear traffic management systems. However, accidents do happen, when they do the consequences to your life can be devastating. You are able to make a road traffic accident claim for compensation if you were injured in a car or any other motor vehicle, on foot, riding a horse, bike or motorbike at the time the accident occurred. 

It’s often reported that car drivers do not see motorbike riders until it is too late, at times swerving to avoid road hazards and not seeing oncoming motorbikes or finding motorcycles in their blind spot as they pull out. This can result in an array of accidents from minor bumps through to catastrophic injuries. There are lots of risks for bikers on the road caused by other motorcycle riders or car drivers and road conditions.

In 2014 the UK Government released a report showing an increase in the number of road accidents involving pedestrians. There were 400 pedestrian fatalities on UK roads in 2013. A third of pedestrian accidents involve children.  

Regardless of whether it is a car, television, kitchen appliance, tablet or children’s toy; we all expect the products we use on a daily basis to be safe. The UK has strict laws on product safety, manufacture and testing before products can be launched to the public.

Being involved in animal related accidents can be serious. Horse riding accidents can have very severe consequences; falls from horses have resulted in paralysis for riders, although this is not common. The recent case of Ashleigh Harris who won £3m in compensation for a horse riding fall highlights where responsibility lies when it comes to animal accidents. If the owner of the animal knew or should have known there was a chance of injury or an accident they may be liable.

Between March 2014 and February 2015 there were 7,227 cases of people needing medical attention due to dog bites. It is often children who are bitten or those who encounter dogs through their work, like postmen and women.

Sadly it is a fact that people die in accidents every year. If the fatal accident was someone else’s fault, it is possible for the family of the deceased to claim compensation. Our client claimed for a fatal accident when her husband was electrocuted whilst carrying out his delivery duties to a farm property. The lack of training and a lack of health and safety contributed to his death.

Burns range in severity and are classified as first degree, second degree and third degree burns. Second degree and third degree burns tend to leave scarring on the skin.

A common industrial injury our team deal with is for vibration white finger (hand arm vibration syndrome). It is caused by the continual use of industrial machinery that vibrates. It can cause long term damage and problems for people and require ongoing treatment and care.